DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 927-16 OCT 31 2016 Dear This is in reference to your application for correction ofyour naval record pursuant to the provisions of 1O 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 6 October 2016. Your allegations oferror 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 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 the Marine Corps in February 1986. On 26 June 1989, you were found unfit for continued naval service due to degenerative joint disease to your right ankle. Your condition was rated I 0% disabling resulting in your discharge from the Marine Corps with severance pay. The Board carefully considered your arguments that your disability was incorrectly rated by the Physical Evaluation Board (PEB) in 1989. Unfortunately, the Board determined insufficient evidence exists to grant relief in your case. You presented no evidence to support your assertion that the PEB incorrectly rated your ankle condition. Absent evidence to support your assertion, the Board concluded there was insufficient evidence to overturn the decision ofthe PEB. 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. With regard to your request to change to your active duty calculations on your DD Form 214, because your request is for an administrative correction which does not require action by this Board, you may submit your request to the Headquarters, United States Marine Corps, 2008 Elliot Road, Quantico VA 22134-5030 to request that an administrative correction be made on your DD Form 214. 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 of new 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