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 7 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 enlisted in the Marine Corps Reserve in October 2009.  You commenced active duty on 10 May 2010 and remained on active duty until you were released on 22 December 2010 at the completion of your obligated active service.  You submitted a request for medical/incapacitation pay on 7 May 2013 that was denied on 23 May 2013 due to lack of medical documentation.  On 27 January 2014, your command submitted a request for determination of physical qualification for retention based on your inability to drill.  On 28 February 2014, BUMED determined you were not physically qualified (NPQ) for retention based on chronic back and hip pain.  On 25 April 2014, you were notified of your NPQ status and directed to make an election to request a Physical Evaluation Board (PEB) review, discharge, or retirement based on your eligibility.  You were discharged based on your NPQ status on 29 May 2014 with an Honorable characterization of service. 
 
The Board carefully considered your arguments that you deserve to be placed on the disability retirement list.  You assert that you suffered your disability conditions while on active duty and your command failed to process your line of duty paperwork.  You also generally argue that your command erroneously discharged you based on their failure to notify you of your NPQ status.  

Unfortunately, the Board disagreed with your rationale for relief.  While the Board could not find evidence that you were properly notified of your NPQ processing, they concluded that you were not eligible for disability processing based on the preponderance of the evidence.  In order for a reservist to qualify for military disability benefits, there must be a line of duty determination that a disability condition was incurred while on active duty greater than 30 days and that condition is unfitting.  Absent evidence that a disability condition was incurred during a qualifying period of active duty, a reservist may only request to have the PEB review the BUMED findings to determine whether the member is NPQ or physically qualified for retention.  In your case, the Board lacked evidence your disqualifying disability conditions were incurred during a qualifying period of active duty.  The Board considered your argument that your command mismanaged your line of duty paperwork but found evidence that your 7 May 2013 request was denied based on your failure to submit sufficient medical documentation.  Therefore, the Board concluded the preponderance of the evidence does not support a finding that you were denied line of duty benefits based on error or injustice.  Further, premised on your arguments that you were sufficiently unfit for continued naval service be placed on the disability retirement list, the Board concluded that the evidence supports that you were NPQ for retention and that a PEB review would have supported the BUMED NPQ determination.  Therefore, based on these findings, the Board determined the preponderance of the evidence does not support a finding that you were erroneously discharged based on BUMED’s NPQ determination.  Since you were not eligible for disability processing through the PEB, the Board also determined the evidence does not support 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.