DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 6772-19 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 Reserve in July 2007. After serving a deployment to in 2009, you were released early from your active duty obligation on 30 April 2011 with a RE-1A reentry code. Post-discharge, the Department of Veterans Affairs (VA) rated you a combined 40% for Post-Traumatic Stress Disorder and tinnitus in 2011. The Board carefully considered your arguments that you deserve to be placed on the disability retirement list. You assert that your 2011 combined VA rating substantiate a finding that you were unfit for continued naval service at the time of your discharge from the Marine Corps. Unfortunately, the Board disagreed with your rationale for relief. First, in order to qualify for a finding of unfitness for continued naval service, a service member must be unfit to perform the duties of their office, grade, rank or rating due to a qualifying disability condition. In your case, the Board found insufficient evidence of unfitness. You earned a 4.5 proficiency trait average during your active duty service indicating you were performing above fleet standards for your paygrade and Military Occupational Specialty. So despite the fact you may have possessed a qualifying disability, the preponderance of the evidence shows that you were able to perform the duties of your office, grade, rank or rating. Second, the Board noted you were physically qualified for reenlistment based on your RE-1A reentry code. The issuance of this reentry code, when considered in conjunction with your proficiency trait average, convinced the Board that it lacked evidence to support a finding of unfitness based on your VA rated disability conditions. Third, the Board was not persuaded by your VA ratings that you were unfit for continued naval service since 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. 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, 10/28/2019