Docket No: 5388-19 
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 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 7 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. 
 
You enlisted in the Marine Corp Reserve on 15 April 1986, and served a period of active duty for training from 29 April 1986 to 27 September 1986.  You were discharged with an honorable characterization of service for the period of active duty ending 27 September 1986.  You returned to a drilling status in the Reserve.  In March 1989, you were injured in a motor vehicle accident during the performance of your civilian job.  On 8 April 1989, you were notified of a reduction in rank to private due to unsatisfactory participation in the Reserve.  In January 1990, Commanding Officer,  submitted a request to Commander, Naval Medical Command (Code 252) requesting a determination of your fitness for continued service.  The CO noted that you had been under the care of your private physician from 7 April 1989 through the date of the request for neck and shoulder injuries sustained in a motor vehicle accident on 3 March 1989.  On 7 December 1990, the Chief, Bureau of Medicine and Surgery found that based on a review of the available medical information you were not physically qualified for retention in the Marine Corps Reserves because of chronic cervical and lumbar pain secondary to a motor vehicle accident limiting functional capacity.  A waiver of physical standards was not recommended.  On 29 December 1990, you acknowledged a Statement of Understanding regarding your discharge from the Marine Corps Reserve by reason of being found not physically qualified.  On 2 January 1991, Director of Marine Corps Reserve Support Center in Overland Park, Kansas forwarded your administrative discharge record to the Commandant of the Marine Corps on the basis of being not physically qualified.  Your average marks in enlistment were 4.1/4.1, with your lowest marks for conduct and proficiency being 3.0/3.0.  
 
In your petition to the Board, you ask that your administrative discharge be changed to an honorable medical separation.  You state that you had no prior knowledge that an upgrade could be requested otherwise you would have done so earlier. 
 
The Board carefully reviewed your application, and took into consideration your contention that you are entitled to a medical separation.  The Board noted that you were found not physically qualified for continued duty due to injuries sustained in a vehicle accident related to your civilian employment on 3 March 1989, a date on which you were not entitled to basic pay.  Pursuant to SECNAVINST 1850.4 series, a disability for purposes of a medical separation must be incurred while the member was entitled to basic pay.  Since your record does not indicate that you were entitled to basic pay on 3 March 1989, the Board determined that an honorable medical separation is not appropriate in your situation.  The Board concluded that your Reserve command properly had your medical condition assessed to determine if you were qualified for continued duty, and that you were properly administratively discharged on 2 January 1991, when you were found not physically qualified.  The Board found that your record does not appear to contain an error or an injustice which merits corrective action. 
 
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,