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

Docket No: 2318-19
Ref: Signature Date

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.

The Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits. A three-member panel of the Board for Correction of Naval Records (Board), sitting in executive session, considered your application on 19 August 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.

You enlisted in the Marine Corps and began a period of active duty on 25 April 2016. In your application for correction, you state that one week prior to the end of boot camp you had your wisdom teeth removed, were on medication and became dehydrated. You state you believe this had an impact on your training. You indicate that you do not recall what happened other than you could not talk and felt as if something was blocking your train of thought. On 27 January 2017, Commanding Officer,  notified you that you were being released from active duty and transferred to the Temporary Disability Retired List (TDRL). On 27 February 2017, you were released from active duty and placed on the TDRL on the basis of a temporary disability, and received an honorable characterization of service and a reentry (RE) code of RE-3P. 

On 25 September 2018, a Physical Evaluation Board found you unfit for duty and noted your diagnosis of Schizophreniform Disorder. You were transferred from the TDRL to the Permanent Disability Retirement List (PDRL), with a combined rating of 30%. 
In your petition to the Board, you request that your medical retirement be rescinded. You state you would like to waive your medical benefits and be found fit and eligible for re-enlistment. You contend that you do not have any mental disability that would hinder you from fulfilling any duties as a Marine, and you note that you continue to maintain the physical readiness needed to reenlist. You continue to be motivated to be on active duty and indicate that your discharge was involuntary.

The Board carefully reviewed your application and noted that you would like to return to military service.  The Board took into consideration your attendance at weekly PT sessions at your old recruiting station, and your contention that you are physically and mentally qualified for reenlistment. The Board noted, however, that you were placed on the TDRL and that your medical condition was reviewed to determine fitness for duty. Your diagnosis of schizophreniform disorder was noted, and you were found unfit to perform the duties of your office. You were subsequently placed on the PDRL. The Board found that you did not provide sufficient evidence to overcome the determination for unfitness, and that your placement on the PDR does not appear to have been executed in error or unjustly.

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,