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

Docket No. 10611-18 
Ref: Signature Date 

Dear :

This is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 1552.  After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 

Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your case on its merits.  A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 April 2019.  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 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 of your record shows that you entered service with the Marine Corps Reserve in September 2012.  After serving a period of active duty for your initial training, you were released from active duty on 18 May 2013.  You suffered a back injury on 8 December 2013 while in a drilling status and were granted line of duty status that extended into 2014.  You were counselled on 9 March 2015 for failing to provide monthly medical updates and eventually discharged on 13 July 2015.  On 7 December 2017, the Department of Veterans Affairs (VA) issued you a combined disability rating of 70%. 

The Board carefully considered your arguments that you deserve a change to your narrative reason for separation to disability.  You argue that you need the change to qualify for VA educational benefits and that you were a good Marine prior to incurring your service connected disability.  Unfortunately, the Board disagreed with your rationale for relief.  First, the Board concluded you were not eligible for disability processing since your injury was incurred in a drilling status that was less than 30 days of active duty.  Since you were released from active duty on 18 May 2013 and injured yourself on 8 December 2013, the Board concluded you were properly issued line of duty benefits instead of being referred to the Disability Evaluation System.  Second, despite the fact you are currently rated at 70% by the VA and performed well as a Marine prior to your injury, the Board concluded this was insufficient mitigation evidence to support changing your narrative reason to disability in contradiction of disability regulations.  In the Board’s opinion, your circumstances are similar to countless of other service members who are discharged prior to obtaining VA eligibility status for educational benefits.  The Board could not distinguish your case from those other service members who similarly desire VA educational benefits for which they do not qualify.  Accordingly, the Board concluded insufficient evidence of error or injustice exists to warrant a change to your 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 of probable material error or injustice. 



Sincerely, 



5/1/2019