DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
Docket No. 342-17 
SEP 11 2017 

Dear

This is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 1552. 

A three-member panel of the Board for Correction ofNaval Records, sitting in executive session, considered your application on 27 July 2017. The names and votes of the members of the panel will be furnished upon request. 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 ofyour application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. 

A review ofyour record shows you entered active duty with the Marine Corps in January 2006. You successfully completed a combat deployment to Afghanistan in 2010 and were eventually discharged for High Year Tenure on 2 February 2014. Post-discharge, the Department of Veterans Affairs (VA) rated you for a number of service connected disabilities including Post­Traumatic Stress Disorder (PTSD). 

The Board carefully considered your arguments that you were suffering from a number of disabilities that should have resulted in your placement on the Permanent Disability Retirement List. You rely on your VA disability ratings to substantiate your assertion. Unfortunately, the Board disagreed with your rationale for relief. The Board lacked any evidence, other than your VA ratings, that you were unfit to perform the duties of office, grade, rank or rating because of disease or injury incurred or aggravated while entitled to basic pay. While you possess a combined 100% disability rating from the VA for a number of disability conditions, including 100% for PTSD, the mere presence of a 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 of unfitness for continued naval service or a specific disability rating by the Physical Evaluation Board in the absence of demonstrated duty performance impairment of sufficient magnitude as to render a Service member unfit for continued naval service. 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. Therefore, the Board was not convinced that your disability conditions created a substantial occupational impairment while you were on active duty since there was no evidence in your military record or evidence provided with your application that an occupational impairment existed while you were on active duty. Accordingly, the Board was unable to find an error or injustice warranting a correction to your record and denied your application. 

Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue(s) involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 

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