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

Docket No. 10814-19 
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 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 September 1999.  You were placed on the Body Composition Program (BCP) in 2008 and successfully completed the program.  In 2009, you were diagnosed with an adjustment disorder related to your recruiting duties.  In 2013, your medical record shows a diagnosis of anosmia going back 11 years along with diagnoses of Post-Traumatic Stress Disorder (PTSD) symptoms and left Achilles tendonitis.  However, you were medically screened for placement on the BCP on 22 July 2013 that determined your weight gain was not due to any underlying disease.  As a result, you were placed on the BCP on 28 August 2013 with a starting weight of 210 lbs and 29% body fat.  You were diagnosed with a possible autoimmune disorder in January 2014 about the same time you were counselled for failing to meet your BCP goals. You were counselled again on 11 April 2014 for failing to meet your BCP goals with a documented weight loss of 11 lbs and 3% body fat.  On 24 April 2014, you were medically cleared to separate from the Marine Corps before you were notified of administrative separation processing for unsatisfactory performance based on your failure to meet height/weight standards.  You were discharged on 7 July 2014 for unsatisfactory performance with an Honorable characterization of service.  You assert that the Department of Veterans Affairs (VA) assigned you a combined 70% rating upon your discharge that has since been increased to 100%. 

The Board carefully considered your arguments that you deserve to be placed on the disability retirement list.  You assert that you were unfit for continued naval service due to your anosmia and PTSD conditions.  Unfortunately, the Board disagreed with your rationale for relief.  The sole standard to be used in making determinations of physical disability as a basis for retirement or separation is unfitness to perform the duties of office, grade, rank or rating because of disease or injury incurred or aggravated while entitled to basic pay. Each case is considered by relating the nature and degree of physical disability of the member to the requirements and duties that member may reasonably be expected to perform in his or her office, grade, rank or rating. After consideration of the evidence, the Board determined the preponderance of the evidence does not support a finding of unfitness.  The Board relied on several factors in making their determination.  

First, the Board considered your fitness report covering the period of 7 June 2013 through 31 December 2013.  In that report, despite its adverse nature due to your failure to maintain height/weight standards, it documents that you scored a first class combat fitness test and ranked 
as a “highly qualified professional” with 10 ofyour peers above two other Marines.  You were 
serving as the Staff Noncommissioned Officer in Charge of 30 Marines and filled in as Division 
Chief for 75 Marines during this period.  Your leadership was described as generating “positive impact on morale and mission accomplishment.”  Based on this performance report, the Board 
concluded that you were performing the duties of your office, grade, rank or rating well above fleet standards despite the existence of any disability conditions. Other than your inability to maintain weight standards, a problem you previously experienced in your career, you were considered a superb Marine and an asset to your command.
  
Second, the Board considered the 22 July 2013 BCP medical clearance as evidence that your weight gain was not related to your disability conditions.  A medical officer determined that your 
weight gain was “not due to an underlying cause or disease” and concluded you were fit for 
assignment to the BCP.  The Board felt this was strong evidence that your inability to maintain height/weight standards was not related to any disability condition and, therefore, not related to the issue that formed the basis for your administrative separation from the Marine Corps.  
Third, the Board also took into consideration the 24 April 2014 separation physical that determined you were medically fit to separate from the Marine Corps.  The Manual of the Medical Department Chapter 15-20 requires separation examinations and evaluations for active duty members and states “comprehensive evaluations are conducted for the purposes of ensuring that Service members have not developed any medical conditions while in receipt of base pay that might constitute a disability that should be processed by the Physical Evaluation Board (PEB) and to ensure Servicemembers are physically qualified for recall to additional periods of active duty.  Thus, the standards for being physically qualified to separate are the same as those being qualified to continue active duty Service … .” In your separation physical, your documented disability conditions were determined not to be acute or a contraindication to separation. So, despite your assertions that the April 2014 examination was cursory, after considering the results of the separation physical in conjunction with evidence of your superior performance and prior BCP medical clearance, the Board determined you were medically cleared for separation and, therefore, medically qualified for active duty.  Based on this finding, they concluded you could have continued on active duty but for your performance deficiencies related to your excessive weight and body fat.  The Board found no evidence that you were discharged as a result of a Marine Corps reduction in force.  While the Board empathizes with your current medical condition, 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.  


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,