DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 4506-18 Ref: Signature Date This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552. After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (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 3 October 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. In addition, the Board considered the advisory opinion contained in Senior Medical Advisor CORB letter 1910 CORB: 002 of 16 August 2019 and Director CORB letter 1910 CORB: 001 of 23 Aug 2019 and your comments in response to the opinions. A review of your record shows that you entered service with the Marine Corps Reserve in August 1988. After completing your initial training pipeline in 1989, your record shows you were mobilized in support of combat operations in 1990, 2003, and 2004. Your last mobilization ended in March 2005 after which you were medically cleared for release from active duty. On 1 June 2006, you completed your obligated service and were discharged from the Marine Corps Reserve. Post-discharge, the Department of Veterans Affairs (VA) rated you for a number of service connected disability conditions commencing in 2008. You are currently rated a combined 100% by the VA for your service connected disability conditions. The Board carefully considered your arguments that you deserve a change to your narrative reason for separation to disability or placement on the disability retirement list. You assert that you were not afforded a medical board due to your Marine Corps Reserve status when you were unfit for continued naval service in 2005-2006 and your condition has worsened over the years. You rely on your VA assigned disability ratings to substantiate your claim of unfitness. Unfortunately, the Board disagreed with your rationale for relief. In making their findings, the Board substantially concurred with the advisory opinions contained in Senior Medical Advisor CORB letter 1910 CORB: 002 of 16 August 2019 and Director CORB letter 1910 CORB: 001 of 23 Aug 2019. Specifically, the Board concluded the evidence did not support a finding that you were unable to perform the duties of your office, grade, rank or rating at the time of your release from active duty or from the Marine Corps Reserve. The Board relied on several factors in making their findings. First, the Board noted that your 12 April 2005 fitness report ranked you ahead of 32 others in your peer group with a recommendation for promotion. To the Board, this was strong evidence of fitness for active duty despite the existence of any disability conditions. As explained earlier, in order to find a member unfit for continued naval service, evidence of an inability to perform their assigned military duties must exist in their record. Your performance during your period of active duty in 2004-2005, as documented in your fitness report, shows you were performing your assigned duties well above fleet standards for your paygrade and better than many of your peers. Second, the Board noted you were assigned a reenlistment code of RE­1A at the end of your obligated service in June 2006. The Board took this as further evidence of fitness for active duty since the Marine Corps considered you medically fit for reenlistment. Third, the Board considered your post-discharge employment as a police officer, security officer, and service representative for Disabled American Veterans organization. Your ability to be continually employed from your discharge from the Marine Corps Reserve until 2019 was additional evidence that your various disability symptoms did not create a sufficient occupational impairment to warrant your referral to the Integrated Disability Evaluation System or placement on the disability retirement list. The Board noted your mental health condition and other disability conditions appear to worsen over the years but concluded this falls under the purview of the VA vice military disability system since military disability benefits determinations are established upon a member’s release from military service. As explained earlier, the Board concluded there was insufficient evidence of unfitness upon your release from military service. 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 case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon submission of new matters, which will require you to complete and submit a new DD Form 149. New matters are those not previously presented to or 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, 10/8/2019