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

Docket No. 229-19 
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.
     
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 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 that you entered active duty with the Marine Corps in May 1981.  You were promoted to Lance Corporal on  February 1983 and received a meritorious mast on  April 1983.  On  January 1984, a medical board diagnosed you with Bilateral Chrondromalacia, Patella EPTE and you were discharged on  March 1984 pursuant to the medical board findings.  Post-discharge, the Department of Veterans Affairs rated you for left knee chrondromalacia patella with tendonitis and strain.   

The Board carefully considered your arguments that you deserve to be promoted to E4.  You assert that you had sufficient time in grade and service to qualify for promotion but were not promoted due to your light duty status.  Unfortunately, the Board disagreed with your rationale for relief.  While the Board acknowledged you had sufficient time in grade and service to qualify for promotion to the next higher paygrade, the Board found no evidence you were selected for promotion to Corporal prior to your discharge from the Marine Corps.  Since promotions to Corporal are competitive and based on MOS vacancies, the Board concluded it lacked evidence that you were selected for promotion.  The Board also did not find your limited duty status a persuasive argument since there is no medical prerequisite for promotion unless a line of duty determination is made that a disability condition was caused by a service member’s own misconduct.  Since there was no evidence your limited duty status was caused by misconduct, the Board found your medical condition was not a factor in the Marine Corps’ decision not to select or promote you to Corporal.  Therefore, they 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,