DEPARTMENT OF THE NAVY 

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

Docket No. 2481-16 
JUN 05 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 11 May 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 st?tutes, regulations and policies. The Board also considered the advisory opinion 
contained in Director, Secretary ofthe Navy Council ofReview Boards letter 5220 CORB: 002 
of 10 March 2017; a copy ofwhich was provided to you for comment. 

A review ofyour record shows that you entered active duty with the Marine Corps in August 
2005. In 2007, you deployed to Iraq and were injured in an Improvised Explosive Device 
explosion. You continued your Marine Corps career after recovering from your injuries until 
2015 when you were discharged for non-retention on active duty after reaching high year tenure. 
Subsequent to your discharge, the Department ofVeterans Affairs (VA) rated you a combined 
100% for a number ofservice connected disabilities. 

The Board carefully considered your arguments that you deserve to be placed on the disability 
retirement list based on injuries suffered in Iraq. Unfortunately, the Board disagreed with your 
rationale for relief. In making its findings, it substantially concurred with the advisory opinion 
contained in Director, Secretary ofthe Navy Council ofReview Boards letter 5220 CORB: 002 
of 10 March 2017. The Board examined your 12 June 2013 medical examination and concluded, 
based on the medical findings ofthat report, you were in good health and cleared for full duty at 
that time. The Board also noted that you scored a 281 on your Physical Fitness Test and 292 on 
your Combat Fitness Test as part ofyour 1 January 2015 Fitness Report; issued the day ofyour 
discharge. These two facts convinced the Board there was insufficient evidence to support a 
finding ofunfitness for continued naval service at the time ofyour discharge despite your VA 
disability rating. The Board concluded that the mere presence ofa medical condition or specific 
correspondence of any manifestations thereof to an entry indicating a disability rating contained 
in the VA Schedule for Rating Disabilities is insufficient to warrant either a finding ofunfitness 
for continued naval service or a specific disability rating by the Physical Evaluation Board in the 
absence ofdemonstrated duty performance impairment of sufficient magnitude as to render a 
Service member unfit for continued naval service. By contrast, 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. In 
your case, the Board was unable to establish an occupational impairment based on the evidence 
discussed above. 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