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

Docket No: 8503-18              
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 application on its merits. A three-member panel of the Board, sitting in executive session, considered your application on 3 February 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. 

You enlisted in the Marine Corps and began a period of active duty service on 11 April 2011.  Prior to your enlistment, the Chief of Bureau of Medicine and Surgery reviewed your physical qualifications for enlistment and found that, although you did not meet established physical standards, a waiver of the physical standards for enlistment was recommended.  On 3 January 2015, you were evaluated by the Disability Evaluation System (DES).  On 8 January 2015, you were evaluated by the Physical Evaluation Board (PEB) and rated 10% for left hip pain with decreased abduction.  The PEB also noted iliopsoas tendonitis, hip joint stiffness, and right hip pain.  The PEB found you UNFIT for continued active duty due to disability and determined that separation with a 10% disability rating with severance pay was appropriate.  On 21 January 2015, you accepted the findings of the informal PEB as reflected by your signature.  You were discharged from the Marine Corps on 29 April 2015 with an honorable characterization of service, severance pay, and a reentry (RE) code of RE-3P. 
               
You request that your medical separation be changed to a medical retirement.  You state that the Department of Veterans Affairs (VA) has assigned you an overall rating of 90%.  You contend that all of your service-connected injuries have caused your present-day problems and that you will continue to suffer in the future. 

The Board, in its review of your entire record and application, carefully weighed all potential factors, including the 2 August 2018 certification from the VA that states that you were receiving service-connected disability compensation with a combined evaluation rating of 90%.  The Board also noted that your average marks in enlistment were 4.2/4.3.  The Board considered the fact that the VA issued a combined rating of 90%, but noted that you were afforded a PEB prior to your discharge from the Marine Corps, which rated you as 10% disabled.  The VA rating is relevant, but not probative of the PEB’s decision since the VA rating is manifestation-based without a requirement that unfitness for military duty be demonstrated.  The Board concluded that you were appropriately evaluated for your fitness for duty prior to your discharge, and that the 10% rating was assigned by the PEB without error or injustice.  Accordingly, the Board found that a separation with severance pay based on a 10% rating rather than a medical retirement was accurately reflected in 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, 

3/20/2020