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

Docket No. 2255-19 
Ref:   Signature Date 

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 for Correction of Naval Records, sitting in executive session, considered your application on 25 July 2019.  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 you entered active duty with the Marine Corps in April 2005.  In November 2017, you injured your lower back during a hiking exercise. You reported to medical on December 2018 and were prescribed physical therapy that you performed through early 2018.  You were seen for a follow-up visit by medical on June 2018 and reported minor pain in your back with prolonged standing, activity or sitting.  However, you reported reduced pain symptoms and range of motion from physical therapy and were found fit for full duty with no limitations.  You were again seen for your separation physical where you complained of chronic back pain but otherwise reported to be in good health.  You were prescribed continued physical therapy and anti-inflammatory medication before being released without limitations.  On October 2018, you were discharged at your end of obligated active service and issued a RE-1A reenlistment code.  Post-discharge, the Department of Veterans Affairs (VA) rated you a combined 90% for service connected disabilities.
 
The Board carefully considered your arguments that you deserve to be placed on the disability retirement list based on your service connected disability conditions.  You assert that you were unfit for continued naval service at the time of your discharge based on the injuries suffered during your November 2017 hike.  Unfortunately, the Board disagreed with your rationale for relief.  The Board concluded that the preponderance of the evidence does not support a finding that you were unable to perform the duties of your office, grade, rank or rating as a result of a disability condition.  While the Board noted your back injury from November 2017 that was treated through 2018, they felt this disability condition did not create a sufficient occupational impairment to merit a finding of unfitness for continued naval service.  First, the Board examined your fitness report covering November 2017 through March 2018.  This report shows that you performed well in your paygrade based on your performance marks that were at or above fleet standards and that you were ranked as a highly qualified Marine against your peers.  Additionally, the report documents that you earned a first class combat fitness test score during this reporting period.  All of these factors convinced the Board that your back condition did not prevent you from performing your duties in an acceptable level including an outstanding combat fitness test.  Second, the Board considered the medical reports from June 2018 and July 2018.  In both of these reports, you were released without limitations despite symptoms of back pain.  The 28 June 2018 report was significant because you were determined to be fit for full duty at that time; a status that was not changed prior to your release from active duty.  This evidence was additional evidence of fitness for active duty that convinced the Board it lacked evidence for a finding of unfitness.  Third, the fact none of your medical providers felt your back condition warranted placement on limited duty or a referral to the Physical Evaluation Board was further evidence relied upon by the Board in determining you were likely fit for active duty at the time of your discharge.  

Regarding your request to have your name changed based on your post discharge decree, the Board also determined no relief was required.  Since your name change occurred after your release from active duty, the Board concluded the name reflected in your military record remains accurate and creates no stigma if left unchanged.  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 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,