DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 11782-19 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. A three-member panel of the Board, sitting in executive session, considered your application on 2 March 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. 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 United States Marine Corps Reserve on 15 November 2011 for a period of eight years. You state that, on 11 March 2014, you suffered a spider bite (brown recluse) and were hospitalized and treated. You contend that you continued to have subsequent follow ups. You were counseled on 14 December 2014 for failing the combat fitness test (CFT) and acknowledged that you were eligible but not recommended for promotion to the grade of corporal. On 6 March 2016, you were documented as Temporarily Not Physically Qualified (TNPQ) due to the spider bite and nerve damage. Your medical documentation from 23 June 2017, states that you reported complaints of an abnormal growth in your left leg, a burning and stinging sensation, and aching. On 22 October 2017, you failed the physical fitness test, and again acknowledged that you were eligible but not recommended for promotion to corporal. You request a medical retirement effectuated by a transfer to the Permanent Disability Retired List (PDRL), effective 3 January 2018, in the grade of corporal. You also ask that all derogatory administrative actions related to your failed physical and combat fitness tests between April 2014 and November 2015 be removed. You contend that you were unjustly denied access to the PDRL system for evaluation through the Medical Evaluation Board (MEB)/Physical Evaluation Board (PEB) process. You claim that you were unfit for duty and should have been evaluated for fitness for duty. You also state you were forced to participate in physical activities that further injured your left leg that had been bitten by a spider. The Board, in its review of your entire record and application, carefully considered the record and your contentions that you were unfit for duty and entitled to a medical retirement as effectuated by transfer to the PDRL as of January 2018. The Board reviewed your record and noted that you do not appear to have suffered from a condition or disability that would have qualified you for referral to a medical board or the PEB under SECNAVINST 1850.4 series, nor is there evidence that your command referred you to the medical board or the PEB based on a qualifying condition or disability. The Board reviewed your annual retirement credit record, which indicates that you were on duty from 14 to 16 March 2014 (earning 6 points), 12 t o13 April 2014 (earning 4 points), and 7 to 8 June 2014 (earning 4 points). Your annual retirement credit record establishes your duty on 11 May 2014, but you did not provide medical information regarding a spider bite and treatment received on the same day, or that the spider bite caused you a medical condition or disability that merited referral to the disability evaluation process. The Board noted that you provided documentation of your light duty/sick in quarters status dated 7 January 2016, but found that the document does not establish that you had a qualifying disability or condition incurred in a qualifying pay status that merits medical retirement. The Board found that you did not provide sufficient evidence to support that you qualified for referral to the disability evaluation system based on the spider bite or related medical conditions, or that you should have received a medical retirement. Furthermore, the Board reviewed your record and found that you were properly counseled on your eligibility for promotion to the grade of corporal, and noted that you acknowledged by signature in the corresponding Administrative Remarks that you were not recommended for advancement. The Board determined that you were not erroneously or unjustly deprived of promotion to the grade of corporal. Accordingly, the Board concluded that advancement is not warranted, and that that information should not be removed from 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,