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

Docket No. 5883-19 
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.

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 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 you entered active duty with the Marine Corps in May 2016. After suffering an intraventricular hemorrhage in January 2018, you underwent surgery to remove the aneurysm and were referred to the Physical Evaluation Board (PEB) for cerebrovascular disease. The PEB found you unfit on 20 September 2019 and referred your unfitting condition to the Department of Veterans Affairs (VA) for a proposed rating. The VA issued a proposed 100% rating for your unfitting condition resulting in your placement on the Permanent Disability Retirement List in 2019. On 17 April 2019, the VA informed you that an error was made in your proposed ratings. They stated that you should have been issued a 30% rating for your scar post-status craniotomy condition.

The Board carefully considered your arguments that an error was made in your PEB findings based on the VA’s failure to rate your craniotomy scar. Unfortunately, the Board disagreed with your rationale for relief. First, the Board found no evidence to support a finding that you were unfit for continued naval service due to your scar. The Board was not convinced by the VA rating for your scar due to the fact 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.  Based on this finding, the Board determined no error exists in your PEB record. Second, the Board also concluded no injustice exists with your record since your unfitting condition was rated at 100%, the maximum allowable disability rating, and you were placed on the PDRL. Therefore, even if the Board determined your scar condition was unfitting, it would result in no additional disability benefits for you under the military disability system. 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,