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

DocketNo. 1901-17 
OCT 09 2017 

Dear 

This is in reference to your application for correction ofyour 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 of the Board for Correction ofNaval Records, sitting in executive session, considered your application on 24 August 2017. The names and votes of the members of the panel will be furnished upon request. 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 of your application, together with all material submitted in support thereof, relevant portions of your naval record and applicable statutes, regulations and policies.
 
A review ofyour record shows that you entered active duty with the Marine Corps in March 1968. On 2 December 1969, you suffered a gunshot wound to your left leg that resulted in your referral to the Physical Evaluation Board (PEB). The PEB found you unfit for continued naval service on 4 June 1969 for a femur fracture and ankylosis above your left knee. Your conditions were rated at 60% and you were placed on the Temporary Disability Retirement List (TDRL) effective 25 July 1969. On 17 February 1971, you underwent a TDRL periodic physical examination that determined your femur fracture had healed and your ankylosis resolved. However, muscle weakness to your quadriceps was noted and you were not determined to be ready for active duty. Based on the report ofthe examination, the PEB found you unfit for continued naval service and rated your conditions at 20% resulting in your discharge from the . TDRL on 15May1971. 
The Board carefully considered your arguments that you continue to suffer from a disability related to the conditions for which you were discharged. You assert that you deserve to be placed on the Permanent Disability Retirement List. Unfortunately, the Board lacked any medical evidence to support a finding that the PEB erred by rating your condition at 20% in 1971. While you argue that you continue to suffer from a lifelong disability, the TDRL periodic examination report states that your injuries had healed and you would be qualified for return to active duty in the "near future." You were undergoing physical therapy to strengthen your quadriceps but were otherwise healthy according to the report. This evidence ofyour recovery, and the lack ofany medical evidence to the contrary, convinced the Board they lacked the evidence to make any changes to your 1971 PEB findings. Accordingly, the Board was unable to find an error or injustice warranting a correction to your record and denied your application. 

Itis regretted that the circumstances ofyour 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 of probable material error or injustice. 

Sincerely, 

Executive Director