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

Docket No. 1307-19
Ref: Signature Date 

Dear , 

This is in reference to your application of 10 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.
 
A three-member panel of the Board, sitting in executive session, considered your application on 14 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, as well as applicable statutes, regulations, and policies.  In addition, the Board considered the advisory opinions contained in Medical/Psychiatric Advisor CORB letter 1910 CORB: 002 of 27 March 2020 and Director CORB letter 1910 CORB: 001 of 31 March 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 on 17 December 2012.  You were referred to medical for depression and insomnia symptoms in September 2013 prior to non-judicial punishment being imposed on you for an orders violation, unauthorized absence, and false official statement in December 2013.  From that point forward, you struggled with weight control and performance issues that resulted in multiple counselling statements.  After you were notified of administrative separation processing for weight control failure in June 2013, a medical board determined you were not fit for active duty on 19 July 2016.  However, you were returned to full duty status on 11 October 2016 and medically cleared for separation on 25 October 2016.  As a result, you were discharged on 14 December 2016 for weight control failure with an Honorable characterization of service.  Post-discharge, the Department of Veterans Affairs (VA) rated you for a number of disability conditions that amounted to a combined 100% disability rating. 

The Board carefully considered your arguments that you deserve to be placed on the disability retirement list due to the multiple disability conditions that were later rated by the VA upon your discharge from the Marine Corps.  Additionally, you argue that you were erroneously discharged for weight control failure based on your insulin resistance condition that contributed to your inability to control your weight gain.  Unfortunately, the Board disagreed with your rationale for relief.  In making their findings, the Board substantially concurred with the advisory opinions contained in Medical/Psychiatric Advisor CORB letter 1910 CORB: 002 of 27 March 2020 and Director CORB letter 1910 CORB: 001 of 31 March 2020.  Specifically, the Board concluded that insufficient evidence exists to find that you were unfit for continued naval service at the time of your discharge and that you did not have an insulin resistance condition. 

In order for a service member to be placed on the disability retirement list, there must be evidence that the member is unable to perform the duties of their office, grade, rank or rating due to a qualifying disability condition.  In your case, despite your documented performance issues in your record, the Board found insufficient evidence these issues were related any physical disability condition.  Absent evidence that you suffered from an occupational impairment due to your disability conditions, the Board determined the preponderance of the evidence does not support a finding of unfitness for continued naval service or your placement on the disability retirement list. 

The Board also considered whether the Marine Corps erroneously discharged you for weight control failure based on your claim that you suffered from an insulin resistance condition that prevented you from meeting weight control standards.  After examining your record, the Board found insufficient medical evidence that supports a finding that a disability condition prevented you from maintaining Marine Corps weight standards.  The Board noted you were able to lose weight in 2014 after being placed on the Body Composition Program and your medical providers noted in your record that none of your medications were contributing to your weight.  Regarding your insulin resistance claim, the Board agreed with the advisory opinion that you, more likely than not, did not suffer from an insulin resistance condition during your time in the Marine Corps.  Medical testing did not substantiate the condition and this was noted on your separation physical.  Absent medical evidence that shows some nexus between your inability to control your weight and a disability condition, the Board found the preponderance of the evidence supports your administrative separation for weight control failure. 

Finally, the Board examined your placement on limited duty on 19 July 2016 and return to full duty status on 11 October 2016.  The Board concluded there was no error in the decision to return you to duty based on medical evidence that you did not suffer from an insulin resistance condition and other medical evidence that shows you lost 10lbs in the previous five months with a prognosis of further weight loss.  Finally, the Board determined that you were fit for active duty based on your 25 October 2016 separation physical which determined you were medically cleared for separation.  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 ….” Based on this evidence, the Board concluded that you were fit for active duty at the time of your discharge and were properly returned to full duty status in October 2016.  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,