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 14 November 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 in February 1990.  On 4 May 1992, you were a passenger in a motor vehicle accident and suffered a right hip dislocation.  Based on your injury, a medical board referred you to the Physical Evaluation Board (PEB) on 12 May 1992.  The PEB found you unfit for continued naval service due to right posterior hip dislocation and assigned you a 10% disability rating.  You were discharged on 28 December 1992 with severance pay pursuant to the PEB findings.  Post-discharge, you assert that you continue to suffer from the effects of your condition and eventually sought Department of Veterans Affairs care. 
 
The Board carefully considered your arguments that you deserve to be placed on the disability retirement list.  You assert that you suffered from unfitting mental health and back conditions that were not considered by the PEB.  Unfortunately, the Board disagreed with your rationale for relief.  While the Board did not dispute that you may have been suffering from mental health or back pain symptoms after the May 1992 motor vehicle accident, the Board found insufficient evidence that either of those conditions were unfitting when you were discharged from the Marine Corps.  The medical board extensively reported your medical condition after your 
accident and chose not to refer either of those conditions to the PEB for consideration.  Based on the lack of a medical board referral for a mental health condition or back pain, the Board concluded that there was insufficient medical evidence to support a finding that you were unfit for continued naval service for either condition.  Absent medical evidence that shows both of these conditions prevented you from performing the duties of your office, grade, rank or rating, the Board determined the preponderance of the evidence does not support a change to your PEB record or your placement on the disability retirement list.  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.