DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 9493-18 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 7 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 March 2009. You deployed to Afghanistan in October 2010 until 30 April 2011 after which you sought mental health treatment. In 2012, you applied for the FY13 Voluntary Enlistment Early Release program (VEERP). You also sought additional mental health treatment leading up to your end of obligated active service date. On 3 October 2012, you were diagnosed with alcohol abuse and adjustment disorder after reporting symptoms related to Post-Traumatic Stress Disorder (PTSD). You were determined to be fit for full duty and deployment. On 14 November 2012, your diagnosis was updated to depression, military combat stress reaction, and partner relational problems. PTSD was ruled out and you were released back to full duty without limitations. On 24 January 2013, your VEERP request was approved and you were discharged pursuant to your request on 1 February 2013 with a RE-1A reentry code. Post-discharge, you were rated by the Department of Veterans Affairs (VA) for PTSD and several other service connected physical disability conditions. The Board carefully considered your arguments that you deserve to be placed on the disability retirement list. You rely on your VA rating of 100% for your PTSD condition as substantiation that you were unfit for continued naval service at the time of your discharge from the Marine Corps. Unfortunately, the Board disagreed with your rationale for relief. In order to be eligible for military disability benefits, a servicemember must be found unfit for continued naval service due to a qualifying disability condition incurred or aggravated while on active duty. Unfitness is determined based on evidence that a servicemember is unable to perform the duties of their office, grade, rank or rating. In your case, the Board examined your performance evaluation that was issued contemporaneously with your discharge from the Marine Corps. The Fitness Report ending on 1 February 2013 described you as an exceptionally performing Section Leader who showed potential for growth and retention in the Marine Corps. Further, you were ranked as a highly qualified professional without any indication that you suffered any occupational impairment as a result of any disability condition. While the Board noted you did not take the Combat Fitness Test since you were in a limited duty status, by regulation, inability to take a physical assessment cannot solely form the basis for an unfitting finding. Since the majority of the performance evidence indicated you were performing at or above fleet standards for your paygrade, the Board concluded it lacked evidence that you were unable to perform the duties of your office, grade, rank or rating at the time of your discharge from the Marine Corps. In addition, the Board noted that you requested to be released from your obligated active service early and were physically qualified to reenlist had you chosen to continue your career. This convinced the Board no error or injustice exists in your case since you made a personal decision to end your Marine Corps career. The fact the VA issued you a 70% disability rating for your PTSD condition was determined not to be probative on the issue of fitness for continued naval service since eligibility for compensation and pension disability ratings by the VA is tied to the establishment of service connection and is manifestation-based without a requirement that unfitness for military duty be demonstrated. As previously discussed, the Board found sufficient evidence of fitness for continued active service to support their finding that no error was made by the Marine Corps in releasing you at the end of your obligated active service. Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue(s) involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of 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, 2/11/2019