DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 10067-16 JUL 21 2017 Dear This is in reference to your application for correction ofyour naval record pursuant to the provisions of 10 USC 1552. A three-member panel ofthe Board for Correction ofNaval Records, sitting in executive session, considered your application on 22 June 2017. Your allegations oferror 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 of your record shows you entered active duty with the Marine Corps in 1983 before transferring to the Reserve after you completed your required active service. In 2012, you injured you left knee while delivering mail as a civilian employee. You were eventually discharged on 20 November 2014 due to weight control failure. The Board carefully considered your arguments that you deserve a disability discharge. You . assert you were not provided enough time to meet height and weight standards after your injury. Unfortunately, the Board disagreed with your rationale for relief. Service disability regulations limit line of duty determinations for Reservists to disabilities incurred while performing active duty or inactive duty training, travelling directly to or from the place which such duty is performed, or while remaining overnight in the area ofthe inactive duty training between successive periods of training. Your record shows that you suffered your knee injury in your civilian employment. As a result, the Board concluded that you do not qualify for referral to the disability evaluation system for consideration ofa disability discharge for your knee condition. Regarding your assertions about the lack oftime needed to meet height and weight standards, the Board did not find them probative to the issue ofa disability discharge since a failure by the Marine Corps to provide you sufficient time to meet physical standards does not qualify you for a disability 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 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 at this time. You are entitled to have the Board reconsider its decision upon the submission of new and material evidence. New evidence is evidence not previously considered by the Board. 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 of an official naval record, the burden is on the applicant to demonstrate the existence ofprobable material error or injustice. Sincerely, Executive Director