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 13 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 2004. You completed your obligated active duty service on 5 July 2008 and were discharged with a RE-1A reentry code. You were rated a combined 40% by the VA upon your discharge and have since been assigned a combined 90% rating. You applied to the Physical Disability Board of Review (PDBR) on 17 October 2019 claiming you were never rated by the military despite your Department of Veterans Affairs (VA) disability rating. The PDBR replied to your application on 28 October 2019 stating you were not a “covered individual” since you were not assigned a disability rating and separated without entitlement to separation pay. However, the email stated your were separated from the Marine Corps for physical disability. The Board carefully considered your arguments that you deserve to be placed on the disability retirement list with an associated change to your reentry code to reflect a disability retirement. You rely on the PDBR letter and assigned VA ratings to substantiate your assertion that you were unfit for continued naval service at the time of your discharge. Unfortunately, the Board disagreed with your rationale for relief. In order to qualify for placement on the disability retirement list, a service member must be determined to be unfit for continued naval service due to a qualifying disability condition. Unfitness is defined as the inability to perform the duties of the member’s office, grade, rank or rating. In your case, the Board determined the preponderance of the evidence did not support a finding of unfitness at the time of your discharge. First, despite the PDBR’s email informing you that you were discharged for a physical disability, the Board found no evidence supporting the PDBR’s assertion. Your military record documents that you were discharged at the end of your obligated active service with no evidence of a referral to the Disability Evaluation System. Therefore, the Board concluded the PDBR erroneously informed you that your record shows a disability related discharge. Second, the Board found insufficient evidence to support a finding that you were unable to perform the duties of your office, grade, rank or rating during your active duty service. Your proficiency trait average shows you performed above fleet averages during your entire enlistment with a 4.3 average. When combined with the Marine Corps determination that you were eligible for immediate reenlistment, the Board determined the preponderance of the evidence supports a finding that you were fit for continued active duty at the time of your discharge. The Board found your assertions of mistreatment by your command inconsistent with your assigned trait averages since your record documents that your command assigned you proficiency and conduct marks that indicate you were an asset to the Marine Corps. Third, the Board felt your VA ratings were not probative of unfitness 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. 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. 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. 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.