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

Docket No. 772-17 

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 17 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 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 duty with the Marine Corps in February 2008. You made three combat deployments between 2009 and 20 12 earning a Combat Action Ribbon. You were discharged at the completion ofyour required active service on 10 September 2015 and issued a RE-1 A reentry code. 

The Board carefully considered your arguments that you deserve to be placed on the Disability Retirement List for a Traumatic Brain Injury (TBI). You assert that your TBI condition prevented you from reenlisting in the Marine Corps. Unfortunately, the Board disagreed with your rationale for relief. The Board considered your performance record to evaluate the extent you suffered occupational impairments as a result ofyour TBI condition. While the Board noted that you were unable to perform the Physical or Combat Fitness Test in your last two performance cycles, they also determined that your performance grades actually improved from your previous evaluations. In addition, your overall proficiency trait average was 4.4 for your enlistment and remained static the last years ofyour enlistment. These facts indicated to the Board that your performance did not suffer due to any disability conditions. Finally, contrary to your assertion, the Board concluded you were eligible for reenlistment despite your condition. This unequivocal evidence convinced the Board that your condition did not prevent you from reenlisting in the Marine Corps. Taking the totality of the evidence, the Board was unable to Docket No. 772-17 
substantiate your assertion that you suffered from a disability at the time of your discharge that made you unfit for continued naval service. There was insufficient evidence that you suffered from a significant occupational impairment that prevented you from performing the duties of your office, grade, rank or rating. Accordingly, the Board was unable to find an error or injustice warranting a correction to your record and denied yow-application. 

Regarding yow-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 of regularity 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