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

Docket No. 9752-19 
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 Reserve on 3 February 2014.  On 20 March 2014, you were diagnosed with plica syndrome of the left knee and recommended for administrative separation due to your inability to complete basic training.  You were discharged on 4 April 2014 for condition not a disability with an uncharacterized entry-level separation. Post-discharge, you assert the Department of Veterans Affairs rated you for a service connected disability condition. 

The Board carefully considered your arguments that you deserve a disability discharge.  You rely on your VA disability rating and medically related discharge from the Marine Corps to substantiate your claim.  Unfortunately, the Board disagreed with your rationale for relief. In order for a service member to qualify for a disability discharge, the member must be unfit for continued naval service due to a qualifying disability condition.  A qualifying disability condition is a permanent disability that prevents you from performing the duties of your office, grade, rank or rating.  In your case, the Board found that you were administratively discharged for a physical condition that prevented you from completing basic training and not the duties of your office, grade, rank or rating.  It is worth noting that the inability to meet screening criteria for a specific assignment or administrative requirement; i.e., deployment, overseas or sea duty assignment, participation in PRT/PFT cycle, or basic training, does not justify referral to the disability evaluation system.  Referral is appropriate only in cases where the condition appears to be permanent in nature or of such a degree as to render the member unable to return to naval service within a reasonable period.  Since the Marine Corps determined it was not in the interests of the government to retain you while you recovered from your plica syndrome condition in order to complete basic training, the Board determined you were properly discharged at the convenience of the government for condition not a disability.  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