Docket No: 11468-19 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 relevant portions of your naval record and your application, 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 application on its merits. A three-member panel of the Board, sitting in executive session, considered your application on 13 July 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, as well as applicable statutes, regulations, and policies. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to its understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. You enlisted in the Marine Corps and began a period of active duty on 28 August 2009. On 13 January 2011, you were rated at 50% disabled by the Physical Evaluation Board (PEB) due to schizophrenia, paranoid type. On 7 February 2011, Administrative Remarks indicate that you were assigned a reenlistment eligibility code of RE-3P due to the PEB findings of January 2011. You were discharged from the Marine Corps on 30 March 2011, and transferred to the Temporary Disability Retired List (TDRL). You received an honorable characterization of service and an RE-3P reentry code. On 8 February 2012, the Department of Veterans Affairs (VA) rated you as 100% disabled with an effective date of compensation from 31 March 2011. You were again evaluated by the PEB on 17 December 2012, and rated 50% disabled due to a VA diagnostic code of 9203. On 1 February 2013, you were transferred from the TDRL to the Permanent Disability Retired List (PDRL) with a disability rating of 50%. In your application for correction, you ask that your RE-3P be changed, that blocks 18, 23, 25, 26, and 27 on your Certificate of Release or Discharge from Active Duty (DD Form 214) be corrected, and that you be found fit for military service. You state that you have tried re-enlisting but have not been accepted because of the RE-3P. You indicate that blocks 18, 23, 25, 26 and 27 reflect a medical diagnosis which do not give you a fair opportunity to request to attend officer candidate school. You state that there are supporting documents to include two letters from the VA Medical Center which state that you have no medical diagnosis. You also seek a medical review from the naval hospital in since the Veteran’s hospital refused any psychiatric appointments. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your contention that you do not suffer from a medical condition and that you are fit for duty. The Board noted that you were discharged from the Marine Corps in 2011 by way of transfer to the TDRL after a determination of unfitness by the PEB. You were rated as 100% disabled by the VA in 2012, and re-evaluated by the PEB in 2012. Your 2012 re-evaluation by the PEB resulted in your transfer to the PDRL on 1 February 2013. The Board considered the letters from the VA Medical Center which state that your medical providers “have not observed symptoms of schizophrenia or psychosis in any of (your) three appointments” and that you have “not taken medications for schizophrenia since early 2014 per a chart review.” The Board reviewed your available records and determined that you were properly evaluated in accordance with SECNAVINST 1850.4 series prior to your placement on the TDRL. Additionally, you were established as disabled by the VA in 2012, and found to be 50% disabled with a subsequent transfer to the PDRL upon re-evaluation by the PEB on 17 December 2012. The Board concluded that even in consideration of your recent medical evaluations and absence of symptoms of schizophrenia or psychosis, that your DD Form 214 accurately reflects your discharge from the Marine Corps in 2011. The Board found that, based on your in-service medical records and your 13 January 2011 PEB determination, you were found unfit for duty in accordance with SECNAVINST 1850.4 series and that your RE-3P was appropriately assigned. Furthermore, the Board concluded that block 18 (Member was involuntarily separated from active duty), block 23 (Temporary Retired), block 25 (MARCORSEPMAN par 8301), and block 26 (separation code of SFK1) accurately reflect your discharge from the Marine Corps in 2011, and do not reflect and error or an injustice. 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 the 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,