DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 9996-18 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. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 March 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 you entered active duty with the Marine Corps in August 2012. In 2015, you were seen by medical after complaining of back pain. A magnetic resonance imaging test (MRI) showed you suffered from disc herniation in the L4-L5 and you were treated conservatively through physical therapy and pain management through the next year including placement on limited duty in August 2016. On 31 October 2016, you were returned to full duty status but later placed on light duty for 30 days effective 19 December 2016. You were eventually returned to full-duty status at the expiration of the 30-day period and discharged on 31 January 2017 at the completion of your required active service with a RE-1A reentry code. Post- discharge, the Department of Veterans Affairs (VA) rated you for a number of disability conditions including your back condition at 20%. You underwent another MRI on 7 November 2017 that indicated you suffered from mild disc degeneration in the L4/L5 with disc height loss. You decided to undergo a discectomy on 25 January 2018 from which post-operative reports indicated you recovered well. The Board carefully considered your arguments that you deserve a change to your narrative reason for separation to disability. You allege that you received improper treatment or no treatment for your disability conditions. Unfortunately, the Board disagreed with your rationale for relief. The Board found insufficient evidence to find that you were unfit for continued naval service at the time of your discharge. Despite your history of back pain and treatment during 2015-2016, the Board noted you were removed from limited duty status in October 2016 and cleared for separation in January 2017 after a brief period of light duty. This was persuasive evidence to the Board that a medical determination was made in your case that you were fit for continued active duty and could have continued your Marine Corps career had you chosen to reenlist at the end of your obligated service. The fact the Marine Corps issued you an unrestricted reentry code was an additional factor that convinced the Board of your fitness for active duty at the time of your discharge. While the Board considered the VA ratings in your case, it was determined not to be probative on the issue of fitness 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. Further, your January 2018 surgery was determined to be too distant in time from your discharge to be considered on the issue of fitness for continued active naval service in January 2017. Regarding your request to add awards and courses to your DD Form 214, Board regulations require that you exhaust your administrative remedies prior to applying to this Board for relief. You must first submit your request to the Headquarters, United States Marine Corps, 3280 Russell Road, Quantico, VA 22134-5103 to request the changes to your DD Form 214. If you are unsatisfied with the response from the Marine Corps after you request a change to your record, you may submit another application with evidence supporting the existence of an error or injustice in 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, 3/26/2019 Executive Director 2