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

Docket No. 10500-19 
Ref: Signature Date 

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 6 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.
  
A review of your record shows that you entered active duty with the Marine Corps in July 1968.  After reporting to the Republic of Vietnam in December 1968, you participated in combat operations until you suffered a grand mal seizure resulting in your medical evacuation on 23 January 1969.  On 28 March 1969, a medical board diagnosed you with a seizure disorder and concluded your condition preexisted your entry into the Marine Corps and was not aggravated by your period of active duty.  You were discharged on 30 April 1969 pursuant to the medical board findings for a disability without severance pay.
 
The Board carefully considered your arguments that you deserve to be placed on the disability retirement list.  You assert your seizure was the result of a head injury incurred during combat.  Unfortunately, the Board disagreed with your rationale for relief.  First, the Board found no evidence you were injured in combat to support your assertion that you suffered a head injury in combat or that a nexus exists between your seizure disorder and a head injury.  Second, the Board noted that you documented on your entrance physical that you suffered from a history of epilepsy as a teenager.  This preservice history of seizures was also documented on in your medical board report.  Based on your preservice history of epilepsy symptoms, the Board concluded your seizure disorder, more likely than not, existed prior to your entry into the Marine Corps and was not aggravated beyond its natural progression by your brief period of active duty.  Since your unfitting disability condition was neither incurred or aggravated by your active duty service, the Board found the preponderance of the evidence did not support your placement on the disability retirement list.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.  

Regarding your request for administrative changes to your DD Form 214, Board regulations require you to exhaust your administrative remedies prior to applying to this Board.  Since your request is for administrative corrections which does not necessarily require action by this Board, you must first submit your request to the MMRP-13, 2008 Elliot Road, Quantico VA 22134­5030.  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.
 
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,