DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 · 
Docket No. 6478-15 
HAY 2 0 2016 


This is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 1552. 
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 April 20l6. Your allegations of· error and injusti ce were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. 

A review of your record shows that you entered active duty with the Marine Corps in June 2004. You underwent back and right knee surgery during your last Fitness Report (FITREP) reporting period of 7 November 2012 through 16 April 2014 and were placed on light duty. On 3 July 2014, you were discharged at your end of obligated active service and issued a re-entry code of RE-3P since you were not physically qualified for reenlistment. 

The Board carefully considered your arguments that you deserve a disability retirement due to your physical condition prior to your discharge. You also contend that your Department of Veteraris Affairs (VA) combined disability rating for service connected disabil ities substantiate that you were unfit for continued naval service prior to your discharge. Unfortunately, the Board disagreed with your rationale for relief. SECNAVINST l850.4E provides the standard to be used in making determinations of physical disability as a basis for retirement or separation. A service member must be unf it to perform t he duties of office, 9J;:ade, rank or rating because of disease or i njury incurred or aggravated while entitled to basi c pay. Each case is considered by relating the nature a.nd degree of physical disability of the member to the requirements and duties t hat member may reasonably be expected to perform in his or her office, grade, rank or rating. So the mere presence of a medical condi tion or specific correspondence of any manifestations thereof to an entry indicating a disability rating contained in the VA Schedule for Rating Disabilities is insufficient to warrant either a finding of unfitness for continued naval service or a specific disability rating by the PEB i n t he absence of demonstrated duty performance impairment of sufficient magnitude as to render a Service member unfit for continued naval service. It also should be noted that inability to take the Physical Fitness Test (PFT) cannot be the sole basis for a finding of unfitness. In your case, the Board looked for evidence that your condition substantially impaired your ability to perform your duties. Your last FITREP shows that you performed well compared to the other Marines assigned to your unit, ranking in the top 46 out of 142 Marines. This convinced the Board that, despite your inability to perform the PFT, you performed except ionally well in your job. So the fact you did not meet physical standards for reenlistment, did not mean you were unfit for continued naval service warranting referral to a medical board. You also pointed out that you possess a combined 90% disability rating from the VA . Eligibility for compensation and pension disability ratings by the VA is tied to the establishment of service connection and is manifestation-based without a requirement that unfitness for military duty be demonstrated. So without independence evidence of unfitness for duty, the Board did not find the evidence regarding your VA rating persuasive. Accordingly, . the Board was unable to find an error or injustice warranting a correction to your record and denied your application. The names and votes of the members of the panel will be furnished upon request. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken. You are entitled to have the Board 
reconsider its decision upon submission of new evidence within one year from the date of the Board's decision. New evidence is evidence ·not previously considered by the Board prior to making its decision in this case . In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records. Consequently, when applying for a correction of an official naval 
record, the burden is on the applicant to demonstrate the existence of probable material error or injustice. 
Sincerely, 

Executive Director