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 8 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. 

A review of your record shows that you entered active duty with the Marine Corps in January 1980. During your period of active duty, you were treated for a number of medical complaints included flu symptoms, back pain, hemorrhoids, and a fractured nose. On December 1982, you completed you report of medical history noting a number of medical issues but noted that you were in good health and taking no medication. On you were counselled that you were not recommended for reenlistment due to your multiple non-judicial punishments resulting in your discharge on January 1983 at the end of your obligated active service. Post-discharge, the Department of Veterans Affairs (VA) rated you for intervertebral disc syndrome at 10%. You are currently appealing for service connection for a number of disability conditions. 

The Board carefully considered your arguments that you deserve a disability discharge. You assert that you were improperly discharged without a medical board despite suffering from a number of disability conditions that were listed on your report of medical history. Unfortunately, the Board disagreed with your rationale for relief. The Board found insufficient evidence you were unfit for continued naval service at the time of your discharge. First, the Board relied on your December 1982 report of medical history in which you state that you are in “good health – taking no medication.” This statement by you, approximately 15 days prior to your release from active duty, to find that you were in good health and fit for continued active duty despite the existence of various medical symptoms you may have possessed. In order to qualify for a finding of unfitness, a service member must be unable to perform the duties of their office, grade, rank or rating due to a qualifying disability condition. The Board found no evidence that you were unable to perform your assigned duties due to any of the conditions you listed on your report of medical history. The Board noted that you were denied reenlistment in the Marine Corps based on your performance history related to misconduct and not due to occupational impairments caused by disability conditions. They determined that you would have been eligible to continue your career in the Marine Corps but for the misconduct you committed. Second, the Board also relied on the VA’s decision to rate you only for your back condition and only at 10% upon your discharge. The fact you were issued only one 10% disability rating by the VA after your discharge was further evidence to the Board you were more likely than not fit for active duty in 1983. The Board considered the 2018 letter from your medical provider, which summarizes your active duty medical conditions and opines that a service connection exists to allow for VA disability benefits. The Board felt this evidence was not probative on the issue of 
unfitness for continued naval service since eligibility for compensation and pension disability ratings by the VA is tied to the establishment of service connection and is manifestation-based without a requirement that unfitness for military duty be demonstrated. So while the letter provided an opinion that your current medical conditions likely have a nexus to medical conditions developed while you were on active duty, there is no opinion provided that these conditions prevented you from performing the duties of your office, grade, rank or rating. 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.