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. 

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 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 you entered service with the Marine Corps Reserve in 1992. You diagnosed with Post-Traumatic Stress Disorder (PTSD) after being exposed to four improvised explosive device blasts while deployed to Iraq in 2006. Eventually, you were referred to a medical board and Physical Evaluation Board (PEB) for PTSD, Depressive Disorder, and Traumatic Brain Injury (TBI) in May 2009. On 7 October 2009, you were found unfit for continued naval service by the PEB for PTSD with depressive disorder as a related diagnosis. Based on the proposed Department of Veterans Affairs (VA) rating of 50%, you were placed on the Temporary Disability Retirement List (TDRL). Your request to be placed on Permanent Limited Duty (PLD) was considered by the PEB prior to the finalization of your PEB case on 16 March 2010. Post-retirement, the VA rated you for PTSD, Sleep Apnea, TBI, and Diabetes and increased your PTSD rating to 70% in May 2014. Additionally, you were diagnosed with stage 3 colon cancer in April 2012 which resulted in surgery and treatment through July 2013. On 27 May 2015, you were seen for a periodic TDRL examination. The report indicated you were suffering minor effects from your unfitting conditions with no mental health therapy sessions since your placement on the TDRL. Based on the TDRL report, the PEB found you fit to return to active duty on 1 July 2015. A formal PEB hearing was conducted on 20 October 2015 that affirmed the initial PEB findings in your case. Director, Secretary of the Navy Council of Review Board denied your Petition for Relief (PFR) on 19 February 2016 affirming the PEB decision in your case. 

The Board carefully considered your arguments that you deserve to be placed on the disability retirement list. You also argue that your command lost your PLD request resulting in a lost opportunity to reach retirement eligibility. Unfortunately, the Board disagreed with your rationale for relief. First, the Board found evidence in your PEB file that your PLD request to remain on active duty until 4 March 2011 was considered prior to your placement on the TDRL. Since PLD requests are based on the needs of the service, the Board determined the Marine Corps’ decision not to grant your request within their discretion and authorized by applicable regulations. Second, the Board determined the PEB’s findings in your case were supported by the medical evidence. Despite the VA’s decision to grant you a 70% disability rating, the Board noted in your 27 May 2015 TDRL examination that you asserted that job searches and career 
plans were not negatively impacted by depression or PTSD symptoms. You also expressed that you can work in any environment, so long as proper accommodations were made for your physical limitations. The Board concluded this evidence supported the PEB finding that your PTSD and associated mental health conditions were no longer unfitting at the time of the PEB decision. Further, as noted by the PFR decision, your failure to raise unfitness arguments to your residual colon cancer symptoms, or any other disability conditions, to the PEB meant these conditions were appropriately not considered by the PEB. Additionally, the Board noted in the TDRL examination report that you completed a marathon in 2014. In the Board’s opinion, this was sufficient evidence that your residual colon cancer, or any other disability condition, would not prevent you from performing the duties of your office, grade, rank or rating. The Board decided the VA ratings in your case were 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. Accordingly, the Board concluded insufficient evidence of error or injustice exists 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.