Docket No: 3047-19 
Ref: Signature Date 
 
MR 
 

Dear  Mr. :  
 
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 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. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to its understanding of the issue(s) involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the Marine Corps and began a period of active duty on 14 February 1989.  In a letter dated   , Commanding Officer,  directed that you be discharged with severance pay due to a 10% disability.  You were discharged from the Marine Corps on 15 March 1991, on the basis of a Physical Disability.  The Navy rated you 10% disabled and issued you a reentry (RE) code of RE-3P.  You subsequently applied to the Physical Disability Board of Review (PDBR), and were notified that you did not meet the criteria for review as set forth by title 10, U.S. Code and DoDI 6060.44.  The PDBR informed you that although it could not process your application, you could submit your request to the appropriate Board for Correction of Military Records.  Separately, the Veterans Benefits Administration determined you were entitled to a disability award beginning 1 July 2018, in the amount of $136.24 per month. 
 
In your petition to the Board, you request medical retirement benefits and note that you received a 10% disability rating upon being discharged.  You ask that the rating be “put in the system” so that you are able to receive benefits.  You indicate that your Certificate of Release or Discharge from Active Duty (DD Form 214) states that you are eligible to receive retirement benefits but that you have been denied such benefits.  
 
The Board carefully reviewed your application and considered your request for receipt of retirement benefits.  The Board noted that PDRB decisions, once approved by the Secretary of the Navy, are considered final agency actions that are not reviewable by the Board.  Accordingly, the Board determined it could not reconsider the PDBR findings.  Based on the information reflected in the 8 March 1991 letter from Commanding Officer,  ,  , you were discharged with a 10% disability rating.  Your DD Form 214 notes that you were discharged on the basis of a physical disability with severance pay.  Given your receipt of severance pay, the Board determined that your disability rating was appropriately documented in your service record and that you received the monetary benefit of severance pay when you were discharged from the Marine Corps.  The Board noted that with a 10% rating, you do not meet the threshold criteria to qualify for a medical retirement. The Board determined that you did not provide sufficient information indicating that your 10% rating at the time of your discharge on 15 March 1991 was either erroneous or unjust.  Accordingly, the Board concluded that your 10% disability rating was accurately captured in your record, you were compensated appropriately upon discharge from the Marine Corps, and corrective action is not warranted. 
 
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, 
                                                                             
10/4/19

Executive Director