DEPARTMENT OF THE NAVY 

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

Docket No. 10459-16 
JUL 21 2017 

Dear [NAME REDACTED]

This is in reference to your application for correction of your 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 oflimitations 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 22 June 2017. 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 of your record shows that you entered active duty with the Marine Corps on 29 
September 1978 and were discharged for erroneous enlistment on 20December1978. 

The Board carefully considered your arguments that you deserve a disability discharge based on 
your Department ofVeterans Affairs (VA) disability rating that was issued in 2014. 
Unfortunately, the Board did not agree with your rationale for relief. First, the Board lacked 
evidence to show your erroneous enlistment was issued in error. The fact the VA determined 
you were eligible for a service connected disability rating did not persuade the Board that the 
basis for your discharge is incorrect. The Board was hampered by the absence ofa complete 
military record but relied upon the presumption ofregularity to determine that your separation 
was conducted in accordance with applicable regulations at the time. The Board relies on a 
presumption ofregularity to support the official actions ofNavy personnel and, in the absence of 
substantial evidence to the contrary, will presume that they have properly discharged their 
official duties. Second, there was no evidence presented that supported a finding that you were 
unfit for continued naval service due to a qualifying disability at the time ofyour discharge. 
Again, the fact the VA determined you qualified for a service connected disability rating was not 
persuasive to the Board since 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. 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 ofan official naval record, the 
burden is on the applicant to demonstrate the existence of probable material error or injustice. 


Executive Director