DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 7515-18 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 21 February 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 October 1997. You underwent an Anterior Cruciate Ligament (ACL) reconstruction in August 2003 after injuring your knee during a command event. After continued symptoms of knee pain, a medical board referred you to the Physical Evaluation Board (PEB) for status post right knee ACL reconstruction. However, the PEB found you fit for continued active duty on 24 March 2005. After continuing to suffer from bilateral knee pain, you requested to be administratively separated for condition not a disability on 12 June 2006. Your request was approved on 26 June 2006 resulting in your discharge from the Marine Corps on 3 August 2006. Your DD Form 214 reflects that you were discharged for “disability (other)” and you were issued a separation code of “JFR1.” The Board carefully considered your arguments that your separation code reflects that your condition existed prior to your entry into the Marine Corps. You provided a document available on the internet from Touchtone Research Group LLC that lists “JFR1” as a separation code for “physical disability that existed prior to service and not aggravated by the Service, without severance pay, USMC.” Unfortunately, the Board determined no relief was warranted in your case since your separation code is consistent with your narrative reason for separation. Military eparation codes are not promulgated to the public but the Board verified that your separation code matches your narrative reason for separation. The internet document you relied on in filing this application is not accurate and the cover letter states that Touchtone Research Group LLC cannot affirmatively state the codes provided in their list are accurate. For future reference, according to applicable military regulations, “JFR1” is the separation code issued to servicemembers who are separated from active duty due to “Disability (Other).” Accordingly, the Board found no error or injustice warranting a change to your record. Despite the Board’s decision not to change your record, as mentioned above, your record documents that you were discharged for a condition not amounting to a disability. The Board felt this is inconsistent with the narrative reason for separation and separation code listed on your DD Form 214 which indicates you were discharged for a disability condition. However, it is Board policy not to correct a record if it could result in adverse consequences for Petitioners. By changing your narrative reason for separation to “condition not a disability,” the Board concluded it may negatively impact future eligibility for government benefit programs since servicemembers with disability separations sometimes qualify for benefits reserved for retired servicemembers. Therefore, no change was recommended in your case despite the existence of the possible error. If you feel the need to have your DD Form 214 changed to accurately reflect you were discharged for condition not a disability, you may request the change to Headquarters, U.S. Marine Corps, 3280 Russell Road, Quantico, VA 22134-5103. 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, 2/25/2019 Executive Director