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

Docket No. 1250-19 
 
 
Dear ,  
 
This is in reference to your application of 17 December 2018 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 that 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, sitting in executive session, considered your application on 21 May 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.  In addition, the Board considered the advisory opinions contained in Senior Medical Advisor CORB letter 1910 CORB: 002 of 20 March 2020 and Director CORB letter 1910 CORB: 001 of 10 April 2020; copies of which were previously provided to you for comment. 
 
A review of your record shows that you entered active duty with the Marine Corps Reserve in January 2005.  In December 2006, you suffered a concussion after being exposed to an Improvised Explosive Device blast while deployed to .  Upon returning from deployment, you were evaluated by a neuropsychologist on 24 April 2007 and cleared for discharge.  On 31 May 2007, you were discharged at the end of your obligated active service.  Post-discharge, the Department of Veterans Affairs rated you for a number of disability conditions including cognitive disorder and Post-Traumatic Stress Disorder (PTSD). 
 
The Board carefully considered your arguments that you were unfit for continued naval service at the time of your discharge from active duty.  Unfortunately, the Board disagreed with your rationale for relief.  In making their findings, the Board substantially concurred with the advisory opinion contained in Senior Medical Advisor CORB letter 1910 CORB: 002 of 20 March 2020 and Director CORB letter 1910 CORB: 001 of 10 April 2020. 
 
In order to find a service member unfit for continued naval service, a member must be unable to perform the duties of their office, grade, rank or rating.  In your case, the Board examined the medical evidence in your case, and noted that you were medically cleared for discharge in April 2007 with no follow-up ordered for your cognitive and PTSD symptoms.  This led the Board to conclude that your mental health symptoms were minimally impairing at the time of your discharge despite evidence they may have worsened between the two years between your discharge and the VA’s decision to grant you a service connection rating for cognitive disorder and PTSD.  The Board also considered the 25 November 2009 VA medical report which diagnosed you with mild TBI symptoms and noted that you were starting community college the following month.  This was additional evidence that your mental health and cognitive symptoms were, more likely than not, not significantly impairing to support a finding of unfitness for continued naval service in May 2007.  Finally, the Board considered the RE-1A reentry code assigned to you upon your discharge from active duty which substantiates the Marine Corps medical opinion that you were fit for continued active duty at the time.  Therefore, 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 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, 
 

6/15/2020