DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 9069-19 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 16 January 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 entered active duty with the Marine Corps in December 2008. You were assigned to the Physical Conditioning Platoon on 8 January 2009 due to your inability to pass the Physical Fitness Test (PFT). You were counselled on 18 February 2009 and 11 March 2009 based on your continued inability to pass the PFT. As a result of your inability to pass the PFT, on 16 March 2009, you were discharged for entry level performance and conduct with an uncharacterized entry level separation. Post-discharge, you were seen for bilateral knee pain and respiratory issues in 2011. The Department of Veterans Affairs (VA) rated you for residuals of pneumonia, chronic bilateral groin strain, and bilateral patellofemoral syndrome in July 2018. The Board carefully considered your arguments that you deserve to be placed on the disability retirement list. You assert you were unfit for continued naval service as evidenced by your VA rating for a lung condition. Unfortunately, the Board disagreed with your rationale for relief. The Board found insufficient evidence that your VA rated disability conditions prevented you from performing the duties of your office, grade, rank or rating. The Board was unable to find a nexus between your failure to pass the PFT and your VA rated conditions. Additionally, the Board considered the fact that your only documented performance deficiency was your inability to pass the PFT. SECNAVINST 1850.4E directs that the inability “to take/pass the PRT/PFT will not be the sole basis for a finding of unfit to continue naval service.” Based on this guidance, the Board concluded the preponderance of the evidence did not support a finding that your VA rated disability conditions made you unfit. Additionally, the Board also determined that your VA ratings were insufficient to support a finding of unfitness 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. While the Board empathizes with your current medical condition, they felt compensation and treatment for your disability conditions fall outside the scope of the Department of Defense disability system and under the purview of the VA. 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, 1/19/2020