Docket No. 7407-18 
Ref: Signature Date 


This is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 1552.  After careful and conscientious consideration of the entire record, the 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 10 January 2019.  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 2002. In the Spring of 2003, you were struck by a vehicle and suffered a right knee contusion and L-1 transverse process fracture.  On 11 April 2003, you were recommended for administrative separation for condition not a disability based on your inability to complete your pipeline training due to your injuries.  You were discharged with an uncharacterized entry level separation for condition not a disability on 5 May 2003. 

The Board carefully considered your arguments that you deserve a change to your narrative reason for separation to disability.  You assert that your narrative reason for separation is incorrect since you were discharged due to your medical condition.  Unfortunately, the Board disagreed with your rationale for relief.  In order for a condition to warrant referral to the Disability Evaluation System, it must be determined to be permanent and of the nature that a period of limited duty would not return the servicemember to full duty.  The Board considered whether either of your injuries in 2003 were of the nature and degree to be permanent and prevent you from returning to full duty status within a reasonable period of time.  While you were diagnosed with a transverse process fracture, the Board determined fractures of that nature are not considered permanent and normally heal within six weeks.  Your knee contusion was determined by the Board to be less serious than your fracture and would not have prevented you from returning to duty in a shorter period of time. Based on these findings, the Board concluded your injuries did not meet the criteria for referral to the disability evaluation system since neither injury would have prevented you from eventually returning to full duty within a reasonable period of time.  Therefore, the Board determined that you were appropriately discharged from the Marine Corps at the convenience of the government due to your inability to complete your training at the School of Infantry.  Consequently, 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 at this time. You are entitled to have the Board reconsider its decision upon the submission of new and material evidence.  New evidence is evidence not previously 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,