DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 8359-15 
HAY 2 7 2016


This is in reference to your application for correction ofyour naval record pursuant to the provisions of 10 USC 1552. Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your case on its merits. A three-member panel ofthe Board for Correction ofNaval Records, sitting in executive session, considered your application on 12 May 2016. 
Your allegations of error and injustice 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 on 22 May 1991 after receiving a medical waiver for pes planus. However, you developed plantar fasciitis due to your pes planus condition and were unable to complete your basic training. As a result, you were discharged with an uncharacterized entry level separation due to performance. On 4 May 2013, the Department ofVeterans Affairs issued you a 10% disability rating for your pes planus despite the fact it was a pre-existing condition that predated your entry into the Marine Corps. 

The Board carefully considered your arguments that you deserve a disability discharge since · your medical records were not properly reviewed prior to your discharge. Unfortunately, the Board disagreed with your rationale for relief. The Board determined that there was insufficient evidence in your record to determine whether your condition was permanent and sufficiently impairing to warrant your referral to the disability evaluation system in 1991. It was your plantar fasciitis condition that interfered with your basic training and not your pes planus. Plantar fasciitis is typically treatable and not permanent. In addition, the Board concluded that even if your condition was referred for disability processing, the fact your Pes Planus condition was noted on your entrance physical would have resulted in a finding that it existed prior to entry. Furthermore, there was no evidence presented that the Department ofthe Navy failed to properly review your medical records prior to deciding to discharge you. The Board relies on a presumption of regularity to support the official i:ictions ofNavy personnel and, in the absence of substantial evidence to the contrary, will presume that they have properly discharged their official duties. Finally, the fact the Department ofVeterans Affairs 01A) determined your condition was service connected does not mean that it was unfitting for continued naval service. Disability rating determinations by the Department of the Navy are designed to determine unfitness to perform the duties of office. In contrast, the VA determines disability ratings based upon an evaluation ofwhether and how an individual's capacity to perform in the civilian world is diminished by a disability. Therefore, the VA's rating ofyour condition is not dispositive on the issue of whether you warranted a disability rating from the military. 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 ofthe 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 ofnew evidence within one year from the date ofthe 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 ofregularity attaches to all official records. Consequently, when applying for a correction ofan official naval record, the burden is on the applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 

Executive Director