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

Docket No. 10778-18 
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. Your case was reconsidered in accordance with procedures that 
conform to Lipsman v. Secretary of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004). You were 
previously granted relief by the Board on 20 July 2007. 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.

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.

The Board carefully considered your arguments that you require the issuance of a new DD Form 
214 and a determination that you are totally and permanently disabled. Unfortunately, the Board 
disagreed with your rationale for relief. First, the Board noted that you were issued a DD Form 
215 on 30 January 2008 to reflect your placement on the Permanent Disability Retirement List 
effective 30 May 2006.  The Board concluded this document suffices to document your change 
in status from separation to retirement without the need for a new DD Form 214. Marine Corps 
regulations authorized the issuance of a DD Form 215 in lieu of a new DD Form 214. Second, 
the Board does not have any authority to change your Department of Veterans Affairs (VA) 
status to "totally and permanently disabled." You submitted a VA summary of benefits letter 
dated 15 August 2018 that indicates you are not considered "totally and permanent disabled" 
under their system of records. The VA is a separate government agency from the Department of 
Defense and operates under different statutes and regulations that govern their operations, 
including the assignment of disability statuses. As a result, your request to change your status 
under the VA falls outside the jurisdiction of this Board. Accordingly, the Board found 
insufficient evidence of error or injustice to warrant a change to your record.

It is regretted that the circumstances of your reconsideration petition are such that favorable 
action cannot be taken again. 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 the absence of sufficient new and material evidence for reconsideration, the 
decision of the Board is final, and your only recourse would be to seek relief, at no cost to the 
Board, from a court of appropriate jurisdiction.

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,

4/29/2019

Executive Director