Dear , 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 23 January 2020. 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 Director CORB letter 1910 CORB: 002 of 11 December 2019 along with your response to the opinion. A review of your record shows that you entered active duty with the Marine Corps Reserve in February 1986. On June 1986, you were referred to podiatry for a ganglion cyst on your left foot and received treatment. You completed basic training and were transferred to Reserve status on June 1986. Your record shows periods of Reserve training through 1990 until it appears you were transferred to the Inactive Reserve. In May 1987, you were seen by the Department of Veterans Affairs (VA) for your left foot condition and you were eventually assigned a 0% rating. The VA increased your left foot rating to 10% in an April 1990 rating decision. The Board carefully considered your arguments that you deserve to be placed on the disability retirement list for a number of conditions including your left foot, hearing loss, tinnitus, contaminated water exposure, and a skin condition. Unfortunately, the Board disagreed with your rationale for relief. In making their findings, the Board substantially concurred with the advisory opinion contained in Director CORB letter 1910 CORB: 002 of 11 December 2019. Specifically, the Board found insufficient evidence to support a finding that you were unfit for continued naval service due to a disability condition incurred or aggravated while on active duty. First, as pointed out in the advisory opinion, despite evidence you received treatment for different conditions, the Board found no evidence any of the conditions created a substantial occupational impairment of your military duties. In order to be found unfit for continued naval service, a service member must be unable to perform the duties of their office, grade, rank or rating due to a qualifying disability condition. In your case, the Board examined your proficiency marks throughout your career and noted that you earned marks well above fleet standards for your paygrade and military occupational specialty. This was strong evidence of fitness for active duty to the Board. Second, regarding your exposure to contaminated water, the Board determined your exposure was well after your period of active duty. So any disability conditions that may have a nexus to your exposure do not qualify for military disability benefits. Third, the Board concluded you were not entitled to assigned legal counsel to assist you with disability processing since you were never referred to the Disability Evaluation System. In their opinion, there was no basis to refer you to the Disability Evaluation System since there was no evidence you were unable to perform the duties of your office, grade, rank or rating. Finally, in response to your rebuttal argument, the Board determined that Director CORB considered all available medical evidence in formulating his opinion. While the Board empathizes with your current medical conditions, they felt compensation and treatment for your disability conditions fall outside the scope of the Department of Defense disability system and under the purview of the VA. Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record. The Board determined your request for administrative changes to your military record were not yet ripe for Board consideration. Board regulations require petitioners to exhaust their administrative remedies prior to requesting Board relief. In your case, the Board found no evidence you sought to have your administrative record changes corrected with the Marine Corps. You must first submit your request to the MMRP-13, 2008 Elliot Road, Quantico VA 22134-5030. If you remain unsatisfied with the Marine Corps’ action in your case, you may reapply to this Board with evidence an error exists in your military record. Additionally, the Board determined your request for VA educational benefits falls outside the statutory authority of the Board. The VA establishes educational benefits eligibility and is not subject to Board decisions. Similarly, the Board has no authority to reimburse you for educational benefits. 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,