Dear   
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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, sitting in executive session, considered your application on 13 May 2021.  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 November 1960.  Your overseas travel is documented from 9 December 1963 between   and before eventually returning to on 13 February 19964.  You returned from Okinawa to the continental United States in March 1964 before being released from active duty on 27 November 1964 at the expiration of your active duty obligation.  Post-discharge, you assert the Department of Veterans Affairs (VA) has rated you at 80% for service connected disability conditions. 
 
The Board carefully considered your arguments that you deserve to have your narrative reason for separation changed to disability or be placed on the disability retirement list.  You assert that you were sprayed with Agent Orange at the time of your Vietnam service that made you unfit for continued naval service.  Unfortunately, the Board found insufficient evidence to support your rationale for relief. 
 
In order to qualify for military disability benefits through the Disability Evaluation System with a finding of unfitness, a service member must be unable to perform the duties of their office, grade, rank or rating as a result of a qualifying disability condition.  Alternatively, a member may be found unfit if their disability represents a decided medical risk to the health or the member or to the welfare or safety of other members; or the member’s disability imposes unreasonable requirements on the military to maintain or protect the member.  In your case, the Board found no evidence to support a finding that you were unfit for continued naval service due to symptoms of Agent Orange exposure.  Additionally, the Board found no evidence in your record to support your assertion that you entered Vietnam or were exposed to Agent Orange.  Absent evidence that supports your assertions of unfitness due to Agent Orange exposure, the Board concluded the preponderance of the evidence does not support changing your narrative reason for separation or placing you on the disability retirement list.  The fact you were rated by the VA for service connected disabilities after your discharge did not persuade the Board of your 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.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.   
 
Regarding your request for awards or ribbons from your period of active duty service, the Board determined you failed to exhaust your administrative remedies.  Since Board regulations require you to exhaust your administrative remedies prior to applying to this Board for relief, you must first submit a request to the Headquarters, United States Marine Corps, 3280 Russell Road, Quantico, VA 22134-5103 to request any missing awards or ribbons from your record.  If you remained unsatisfied with the response from the Marine Corps, you may submit another application to this Board with evidence that an error or injustice exists in your record. 
 
The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
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, 
5/20/2021
Deputy Director