Docket No. 2850-21 

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 20 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 enlisted in the Marine Corps Reserve in May 1998 and completed your initial period of training and active duty in April 1999.  You were placed in a Temporary Not Physically Qualified (TNPQ) drilling status on 7 January 2000 for Acute Right Elbow Pain and ordered to provide monthly medical updates on your status.  However, after being placed in the TNPQ status, you repeatedly missed drills with your unit that resulted in you being notified of administrative separation processing on 24 August 2000 for unsatisfactory participation.  Records document that you received certified delivery of your administrative separation processing notification on 26 August 2000.  You continued to miss drills throughout 2001 and failed to provide any updates to you medical status.  As a result, you were eventually discharged on 28 February 2002 with an Other than Honorable characterization of service for unsatisfactory participation.   
 
The Board carefully considered your arguments that you deserve a disability discharge based on mental health symptoms you developed as a result of your right elbow pain.  You assert that you also developed a Vicodin addiction during this time that led to you becoming isolated.  Finally, you argue that prior to your injury, you were a good Marine.  Unfortunately, the Board disagreed with your rationale for relief.   
 
Despite your assertions of mental health symptoms, the Board determined the preponderance of the evidence does not support changing your narrative reason for separation to disability.  The Board found no medical evidence in your record or application to support a finding that you were unfit for continued naval service due to a qualifying disability condition.  Further, and more importantly, the Board determined you were ineligible for military disability processing or benefits based on your misconduct related discharge that resulted in an Other than Honorable characterization of service.  The Board concluded that even if there was evidence of unfitness, you were appropriately discharged for unsatisfactory participation by the Marine Corps since misconduct processing supersedes disability processing by instruction.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your 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, 
5/21/2021
Deputy Director