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

Docket No. 7118-19 
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 31 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 on 2 February 1988.  You reported to medical with foot pain on 8 February 1988 and were diagnosed with pes planus.  In the subsequent two months, you were seen 26 times by medical for various symptoms including hip and foot pain.  On 20 April 1988, you were medically cleared for separation with a notation in your record that all your “problems have resolved.  Nothing outstanding.” You were subsequently discharged with an uncharacterized entry level separation for entry level performance and conduct.  Post-discharge, you assert the Department of Veterans (VA) affairs rated you at 0% after your discharge and increased your rating to 30% as of 1992. 

The Board carefully considered your arguments that you deserve a change to your narrative reason for separation to disability.  You rely on your VA rating to substantiate 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. In order for a service member to qualify for a disability discharge, there must be evidence the member was unable to perform the duties of their office, grade, rank or rating as a result of a qualifying disability.  In your case, the Board noted you were medically cleared for separation after all of your medical symptoms had resolved. That evidence along with the VA’s assignment of a 0% rating for your disability condition upon your discharge led the Board to conclude the preponderance of the evidence does not support a finding that you were unfit for continued naval service at the time of your discharge. It is worth noting that you were released from your Marine Corps obligation based on your inability to complete your initial training pipeline due to multiple medical issues.  Based on your inability to complete your training, you were discharged at the convenience of the government instead of being recycled through the training pipeline.  The 20 April 1988 Chronological Record of Medical Care specifically states “no defects have been noted which would disqualify you from the performance of your duties or entitles you to disability benefits from the naval service.” In the Board’s opinion, this was strong evidence that you were not unfit for continued naval service at the time of your discharge and were properly separated for entry level performance and conduct.  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, 

11/4/2019