Docket No. 3437-21
Ref: Signature Date


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 10 June 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 on 26 February 2008.  You were discharged on 9 May 2008 for a benign prostatic hyperplasia, polyuria, and history of corrective surgery for Epispadia; all preexisting condition that were incurred prior to your entry into the Marine Corps.  Since none of the conditions were deemed unfitting for continued naval service, you were assigned a condition not a disability reason for separation.  Post-discharge, you were granted a 10% disability rating by the Department of Veterans Affairs (VA) for Patellofemoral Syndrome of your right knee.   
 
The Board carefully considered your arguments that you deserve a disability discharge based on your VA rating.  In addition, you argue that you require a change in your disability reason in order to qualify for a VA loan.  Unfortunately, the Board disagreed with 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 concluded the preponderance of the evidence does not support a finding that you met any of the criteria for unfitness.  The Board found no medical evidence that shows your preexisting benign prostatic hyperplasia, polyuria, or history of corrective surgery for Epispadia prevented you from performing the duties of a Marine.  While these conditions may not have been compatible with active duty service in the Marine Corps and, therefore, could be the basis for a convenience of the government discharge for condition not a disability, the Board found no evidence these condition prevented you from performing the duties of your office, grade, rank or rating.  Similarly, the Board found no medical evidence to support a finding that your Patellofemoral Syndrome was unfitting for continued naval service.  While the Board considered your VA rating, they were not persuaded by it 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.  In the Board’s opinion, there must be some evidence in your record that your Patellofemoral Syndrome caused a level of occupational impairment to prevent you from continuing on active duty.  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, 


6/11/2021
Deputy Director