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

Docket No. 2449-19 
Ref: Signature Date 

Dear   ,
 
This is in reference to your application of 30 January 2019 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 21 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, and applicable statutes, regulations, and policies.  In addition, the Board considered the advisory opinion contained in Director CORB letter 1910 CORB: 001 of 8 April 2020 along with your response to the opinion. 

A review of your record shows that you entered active duty with the Marine Corps in January 2014.  You suffered ankle pain and instability during basic training but continued on duty until you referral to the Physical Evaluation Board (PEB) on 3 May 2016 by a medical board.  The PEB found you unfit for continued naval service for your left ankle pain on 20 September 2016 and assigned you a 10% rating consistent with the proposed Department of Veterans Affairs (VA) rating for your unfitting condition.  You were discharged on 30 May 2017 pursuant to your PEB findings.  Post-discharge, the VA rated your for rheumatoid arthritis and sciatic nerve radiculopathy for your left lower extremity. 

The Board carefully considered your arguments that you deserve to be placed on the disability retirement list.  You assert the PEB erroneously rated you for left ankle pain, instead of rheumatoid arthritis, resulting in your discharge from the Marine Corps.  Unfortunately, the Board disagreed with your rationale for relief.  In making their findings, the Board substantially concurred with the advisory opinion contained Director CORB letter 1910 CORB: 001 of 8 April 2020.  Specifically, the Board determined the preponderance of the evidence does not support a finding that your left ankle pain was caused by rheumatoid arthritis at the time of your discharge from the Marine Corps.  The Board relied on the 2 May 2016 VA Compensation and Pension (C&P) examination that found you did not suffer from swollen joints or test positive in the blood tests for rheumatoid arthritis.  Additionally, the Board relied on the VA proposed ratings of 15 August 2016 that found no service connection for rheumatoid arthritis and no connection of arthritis to your left ankle pain.  The fact the VA later rated your for arthritis was not persuasive to the Board since contemporaneous medical testing at the time of your discharge found no nexus between rheumatoid arthritis and your left ankle pain.  Further, the Board was not convinced by your argument that your left ankle pain had to be related to rheumatoid arthritis since an orthopedic injury would have healed.  The Board concluded there are multiple alternative medical reasons for the existence of ankle pain unrelated to rheumatoid arthritis.  As a result, in their opinion, the fact you continued to suffer ankle pain despite treatment does not support a finding that your ankle pain was caused by rheumatoid arthritis; especially when considered in light of the medical testing that found no evidence of rheumatoid arthritis at the time of your 2016 VA C&P examination.  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,