DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 2952-16 FEB 13 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 of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1December 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 you entered active service in June 2004 as an Officer Candidate School candidate. On 19 July 2004, you injured your right knee during a training run that resulted in your disenrollment from Platoon Leaders Class on 30 August 2004. You attempted to enlist in the Marine Corps in 2008 and provided evidence that your knee condition was not symptomatic. On 16 Jul 2008, the Bureau ofMedicine and Surgery determined you did not meet physical standards but recommended a waiver for your knee condition. As a result, you entered active duty on 17 November 2008 to start your training pipeline. On 1 May 20 l 0, you were activated from your Reserve status to deploy to Afghanistan. Upon your completion ofyour active duty period on 30 April 2011, you were discharged at the end of your obligated period of service and issued a reentry code ofRE-lA. Subsequent to your period of active duty, you did not have any satisfactory years of service in the Marine Corps Reserve and were discharged on 2 March 2014 due to failure of physical standards. The Board carefully considered your arguments that you deserve to a disability discharge due to injuries suffered during your combat deployment. You assert that you were deemed not physically qualified for retention and discharged without proper counseling on your options. Unfortunately, the Board did not find sufficient evidence to grant relief in your case. The Board lacked evidence in your case to overcome the presumption ofregularity that deems your discharge was properly executed. The Board relies on a presumption of regularity to support the official actions of Department ofNavy personnel and, in the absence of substantial evidence to the contrary, will presume that they have properly discharged their official duties. In your case, the Board was hampered by the lack of records to substantiate yo1;u claim that you were wrongfully discharged despite the existence ofa qualifying disability. There was no record of any disability or line ofduty determinations in your case. Therefore, the Board relied upon the last record ofyour physical status, your 2011 DD Form 214, which shows you were physically qualified for reentry into the Marine Corps. 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 of the 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 of new evidence within one year from the date of the 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 ofregula1jity attaches to all official records. Consequently, when applying for a correction ofan officipl naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice. Sincerely, Executive Director