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 27 February 2020.  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 reenlisted with the Marine Corps and commenced a period of active duty on 7 March 1995 after a previous active duty service of three years, 10 months, and 16 days.  In 2001, you underwent surgery to repair your Achilles tendon which resulted in a series of limited duty periods.  Eventually, a medical board referred you to the Physical Evaluation Board (PEB) for your Achilles condition.  The PEB found you fit for active duty on 24 March 2004 which was affirmed on reconsideration.  Based on your inability to meet physical fitness standards, the Marine Corps separated you at the end of your obligated active service on 18 November 2004. 
 
The Board carefully considered your arguments that you were unfit for continued naval service at the time of your discharge due to your Achilles condition.  Unfortunately, the Board disagreed with your rationale for relief.  In order to find a service member unfit for continued naval service, the member must be unable to perform the duties of their office, grade, rank or rating due to a qualifying disability condition.  In your case, the 18 February 2004 non-medical assessment provided by your commanding officer states your Achilles condition “has not affected his ability to perform his primary duties in any way.”  Based on this assessment of your ability to perform your primary duties, the Board concluded the preponderance of the evidence does not support a finding that you were unfit for continued naval service.  While the Board considered the fact you were unable to perform the physical fitness test due to your Achilles condition, SECNAVINST 1850.4E, paragraph 3307.b. states the inability to “take/pass the PRT/PFT will not be the sole basis for a finding of Unfit to continue naval service.”  Since your inability to pass the PRT appeared to be the only occupational impairment according to your non-medical assessment, the Board concluded this was insufficient evidence of impairment to merit a finding of unfitness.  Therefore, the Board determined the PEB findings in your case were supported by the evidence.  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.