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

Docket No. 5324-19 
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. 

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 10 October 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 on 16 August 1999.  Medical recommended your administrative separation on 9 December 1999 due to a chronic right heel pain that was preventing you from completing recruit training.  You were notified of administrative separation processing for entry level performance and conduct on 13 December 1999 resulting in your discharge on 17 December 1999 with an uncharacterized entry level separation.  Post-discharge, the Department of Veterans Affairs (VA) rated you at 30% for right foot plantar fasciitis in 2016 and added other additional service connected disability conditions in 2018 resulting in a combined 60% rating.
 
The Board carefully considered your arguments that you deserve a change to your narrative reason for separation to disability and/or placement on the disability retirement list.  You rely on your VA ratings to substantiate your claim for military disability benefits.  Unfortunately, the Board disagreed with your rationale for relief.  First, the Board found insufficient evidence to support a finding that your chronic right heel pain in 1999 was unfitting.  While the condition certainly prevented you from completing recruit training, the Board was not convinced the condition would not have healed had you been given an opportunity to rest the injury.  In the Board’s opinion, you were discharged from the Marine Corps at the convenience of the government since they did not feel the need to retain you in the service until you recovered sufficiently to complete recruit training.  TheBoard relied on the fact it is the medical provider’s responsibility to refer a service member to the Disability Evaluation System if there is evidence a disability condition exists and is unfitting.  In your case, you were recommended for administrative separation by medical personnel based on their opinion your condition was not unfitting but prevented you from completing recruit training.  Second, the Board was not convinced by your VA rating for plantar fasciitis or your overall combined rating for multiple disability conditions in 2018.  The Board could not substantiate that your right foot plantar fasciitis was the same injury that occurred in 1999 since you were not diagnosed with plantar fasciitis in 1999 and the VA diagnosis occurred approximately 17 years after your discharge.  Additionally, there was no evidence in your record that the additional unfitting conditions rated by the VA in 2018 created an occupational impairment in 1999.  For these reasons, the Board did not find the VA evidence probative on the issue of fitness for continued naval service in 1999.  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.  

Sincerely,