DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 
Docket No. 7306-15 

HAY 2 a2016 

This is in reference to your application f or correction of your naval record pursuant to the provisions of 10 use 1552 . 
Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive t he statute of limitations and consider your case on its merits. A t hree-member panel of the Board for Correction of Naval Records, sitting i n executive session , considered your applicati on on 15 April 2016. Your allegat ions of error and'injustice were reviewed in accordance with admini strati ve regulations and procedures applicable to the proceedings of this Board. Documentary material considered by the Board consisted of your applicat ion, together with all material submitted in support thereof, your naval record and applicable statut es, regulations and policies. 

A review of your record shows that you were a Marine Corps Reservist who was injured in a motorcycle accident in November 2003 shortly after returning .from a deployment. You suffered injuries that result ed in your retention on active duty t hrough September 2004 when you were issued a Notice of Eligibil ity (NOE ) in lieu of retention on active duty. In 2005, your r equest for continued benefits was denied due t o the length of time you were physically unable to perform your duties. You continued not to drill with your uni t through 2005 until, eventually, you were discharged from the Marine Corps Reserve. 

The Board carefully considered your arguments that you deserve a disability retirement due to injuries suffered while on active duty. You also contend that your Depar tment of Vet erans Affairs (VA) service connected disability ratings substantiate your claim for a disability retirement. You believe that you~should have been processed t hrough the Disabil ity Evaluation System (DES) prior t o your discharge. Unfortunately, the Board was unable to find suffici ent evfdence to support a finding of relief in your case. In order f or you to be considered for processing through the DES, you would have needed a referral from your command to the Bureau of Medicine and Surgery based on medical evidence that you were unfit for continued naval service. Since there was no evidence in your record that shows you were unable to perform your duties after your NOE benefits were denied, the Board concluded it did not have sufficient evidence to change your narrative reason for discharge. The Board was hampered by the l ack of evidence in your records regarding your medical condition. Medical notes showed_that you were able to bench press 240 lbs after recovering from your surgery in May 2004 but continued to suffer some shoulder pain when lifting weighted i tems above your head. Based on this evidence , the Board could not determine you were un·fit for continued naval service. In addition, the fact the VA determined you were qualified for service connected disability rat ings did not convince t he Board of your unfitness since VA ratings are mani'festation-based without a requirement that unfitness for military duty be demonstrated. 
Accordingly, the Board was unable to find an error or injustice warranting a correcti on to your record and deni ed your application. The names and votes of t he 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 t aken. You are entitled to have t he 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 t~is regard, it is important to keep in mind that a presumption of regularity att aches to all official records. Consequently, when applying for a correction of an official naval record, the burden is on the applicant t o demonstrate the exist ence of probable material error or injustice. 
Sincerely, 

Executive Director 
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