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 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 You underwent left foot bunion surgery on and right testicle torsion surgery on you were involved in a motor vehicle accident. X-rays taken during your treatment indicated you suffered from narrowing of disc space at the L4-L-5 with normal cervical spine. You recovered from all your medical conditions sufficiently to participate in during which you earned the Navy Achievement Medal that was awarded on On you were counselled that you were not eligible for reenlistment due to career force controls in the Marine Corps. You were discharged on at the expiration of your enlistment. As the Department of Veterans Affairs (VA) rated you for a number of service connected disability conditions including left foot hallux valgus, tinnitus, and degenerative joint disease lumbar spine. The Board carefully considered your arguments that you deserve to be promoted to the paygrade E-6, placed on the disability retirement list, and allowed to convert your Servicemembers’ Group Life Insurance (SGLI) to Veterans Group Life Insurance (VGLI). You argue that you were overlooked for promotion despite your superior performance documented in your record and should have been referred to the Disability Evaluation System for disability conditions that were later rated by the VA. Unfortunately, the Board disagreed with your rationale for relief. First, the Board concluded there was insufficient evidence to support a finding that you were unfit for continued naval service at the time of your discharge. In order to find a service member unfit for continued naval service, there must be evidence that shows the member is unable to perform the duties of their office, grade, rank or rating due to a qualifying disability condition. In other words, the disability condition must create a sufficient occupational impairment to prevent them from performing military duties. In your case, the Board examined your fitness reports leading up to your discharge from active duty and found no evidence that you were unable to perform your assigned duties. Your last fitness report ending on showed that you were qualified for promotion and earned positive performance comments and marks. Additionally, by your own argument, you believed your performance during this period was sufficient to merit a promotion to paygrade E-6. The fact you were prevented from reenlisting due to career force controls in place at the time or that the VA rated you for service connected disabilities did not convince the Board you were unable to perform the duties of your office, grade, rank or rating due to a disability condition at the time of your discharge. In the Board’s opinion, objective evidence that you were able to perform your duties just prior to your discharge exists in your record and is more probative on the issue of unfitness. Accordingly, based on your documented superior performance leading up to your discharge, the Board concluded the preponderance of the evidence did not support a finding that you were unfit for continued naval service at the time of your discharge from the Marine Corps. Therefore, they also concluded it would be inappropriate to place you on the disability retirement list. Second, the Board determined that there was insufficient evidence to support a finding that you were erroneously or unjustly denied promotion to paygrade E-6. Promotion to paygrade E-6 requires not only superior performance but a determination by the Marine Corps that a promotion opportunity exists in your Military Occupational Specialty (MOS) and that you outperformed your peers competing for promotion in your MOS. While the Board noted your superior performance after your promotion to paygrade E-5 they lacked evidence you were more qualified than your peers for promotion to E-6. Absent evidence that other Marines in your MOS less qualified than you were selected for promotion, the Board felt it had insufficient evidence to grant relief based on an error or injustice. The Board noted it was not unusual for Marines not to be selected for promotion despite evidence of strong performance. Third, the Board found no basis for granting your request to convert your SGLI to VGLI. Regulations require the conversion to be made within one year and 120 days of separation from active duty. Since no change to your separation date or narrative reason for separation was deemed appropriate by the Board, they concluded no relief was warranted on this issue. Fourth, Board regulations require that you exhaust your administrative remedies prior to applying to this Board for relief. You must first submit your request to the Headquarters, United States Marine Corps, 3280 Russell Road, Quantico, VA 22134-5103 to request the administrative changes you seek on your DD Form 214. If you are unsatisfied with the response from the Marine Corps after you request a change to your record, you may submit another application with evidence supporting the existence of an error or injustice in 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.