DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 
 
Docket No. 8405-15 MAY 2 7 2016 

Dear. 
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 ofthis Board. Documentary material considered by the Board consisted ofyour application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. 

A review ofyour record shows that you entered active duty with the Marine Corps on 7 August 2001. On 6 April 2004, you were hit by shrapnel in Iraq sustaining injuries to your right wrist, right foot, right buttock, and right ring finger. After being treated and returning from deployment, you were assigned to Headquarters, U.S. Marine Corps in September 2004 until you were discharged at the end ofyour obligated active service on 6 August 2005. You were issued a RE-IA reentry code on your DD Form 214. 

The Board carefully considered your arguments that you deserve a disability retirement due to the injuries you suffered in Iraq. You contend that you were unable to participate in physical training for eight months prior to your discharge and attended schools while you recovered from your injuries. Unfortunately, the Board disagreed with your rationale for relief. First, there was no evidence presented to the Board that showed you were unfit for continued naval service prior to your discharge. Despite the fact you suffered shrapnel injuries in April 2004, you were not discharged until 16 months after your injuries were incurred. In addition, SECNA VINST 1850.4 states that inability to participate in PRT/PFT cycles does not justify referral to the physical evaluation board. Second, the Board noted that you were physically qualified for reenlistment and issued a reentry code consistent with that determination. This evidence contradicts you assertion that you were unfit for continued naval service at the time ofyour discharge. 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 ofthe panel will be furnished upon request. 

It is regretted that the circumstances ofyour 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 
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