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

Docket No. 6355-19 
Ref: Signature Date 

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 24 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 in July 1992.  After suffering a back injury in August 1992, you were referred to the Physical Evaluation Board and found unfit for continued naval service with a 60% disability rating resulting in your transfer to the Temporary Disability Retirement List (TDRL) on 28 January 1993.  You were removed from the TDRL and discharged on 1 August 1995 after recovering from your injury.  

The Board carefully considered your arguments that you deserve to be reinstated to the disability retirement list based on the worsening of your back condition in the last 3-5 years.  You assert that you recently left your long-time employment and desire TRICARE health care benefits.  Unfortunately, the Board disagreed with your rationale for relief.  The Board found insufficient evidence that your back condition was sufficiently unfitting in 1995 to retain you on the TDRL.  Based on your statement that your back condition was fine for 20 years after your discharge, the Board concluded your back condition did not meet the 30% threshold for placement on the disability retirement list at the time of your discharge from the Marine Corps.  Further, the Board felt the mitigation evidence you offered regarding the loss of employment or need for health care benefits was insufficient to grant you the relief you desire.  The Board concluded there are other alternative health care options available to Veterans who no longer have access to TRICARE and your circumstances are not unique and similar to countless other Veterans.  Based on these findings, the Board determined 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.   

Sincerely, 


10/28/2019