Docket No. 6520-18 
Ref: Signature Date 

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 17 January 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 active duty with the Marine Corps in April 1971. You served successfully in the Marine Corps through 21 October 1975 when you were released from active duty and transferred to the Marine Corps Reserve.  You were issued an Honorable characterization of service and RE-1A reentry code. 

The Board carefully considered your arguments that you deserve disability benefits from the Marine Corps due to your status as a “War Veteran.”  Unfortunately, the Board disagreed with your rationale for relief.  In order to earn military disability benefits, a servicemember must be found unfit for continued naval service due to a qualifying disability condition by the Physical Evaluation Board.  Unfitness is defined as an occupational impairment that prevents a servicemember from performing the duties of their office, grade, rank or rating.  In your case, the Board found no evidence you were unable to perform your duties at the time of your release from active duty.  Your record shows you described yourself as in excellent health on 2 October 1974 prior to your attending jump school.  The only medical condition noted in your record prior to your separation from active duty was a laceration you suffered on 31 October 1974 while attending jump school. The Board examined your performance evaluation ending on 31 March 1975 and found you were performing average to above average in your duty performance.  On 9 October 1975, you were medically cleared to separate from active duty and issued an unrestricted reentry code.  This evidence was persuasive evidence of fitness for continued active service in the opinion of the Board and led them to conclude that they lacked the evidence to find you were unable to perform your duties as a result of a disability condition.  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 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,