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 May 2003.  You entered active duty on 16 July 2003 and served until the completion of your initial training on 8 February 2004.  You were mobilized in June 2004 and served on active duty through 8 April 2005.  You were again mobilized on 1 June 2008 and served until completion of your required active duty on 5 July 2009.  You were eventually transferred to the Inactive Reserves on 22 September 2009 and discharged at the end of your obligated service on 27 May 2011.  
 
The Board carefully considered your arguments that you deserve to be placed on the disability retirement list.  You assert that you were unfit for continued naval service at the time of your release from active duty in 2008.  Unfortunately, the Board disagreed with your rationale for relief.  In order to qualify for placement on the disability retirement list, a service member must be unfit for continued naval service.  A service member is unfit if they are unable to perform the duties of their office, grade, rank or rating at the time of their release from active duty.  In your case, the Board found insufficient evidence to support a finding that you were unfit for continued naval service due to symptoms from a motor vehicle accident or Post-Traumatic Stress Disorder.  The Board noted you were recommended for reentry upon your release from active duty on 5 July 2009 with no evidence that you were unfit due to a disability condition.  The fact the Department of Veterans Affairs rated you for a service connected disability did not persuade the Board you were unfit 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.  Absent evidence that supports a finding that you were unable to perform the duties of your office, grade, rank or rating, 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.