DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 2253-20 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. A three-member panel of the Board, sitting in executive session, considered your application on 9 April 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 you entered active-duty service in the Navy in August 2017. You suffered a stress fracture to your right tibia in November 2017 along with chronic shin splint symptoms that resulted in treatment with physical therapy. However, after continued symptoms in both legs for approximately 60 days despite normal test results, you were recommended for an entry-level separation due to condition not a disability. After being notified of administrative separation processing on 22 December 2017, you were discharged on 18 January 2018 with an uncharacterized entry-level separation. After your discharge, , the Department of Veterans Affairs (VA) rated you for hallux valgus at 10%. The Board carefully considered your arguments that that you deserve a characterized discharge and a change to your narrative reason for separation to disability. You assert that you were discharged for medical reasons, and your subsequent VA rating substantiates your claim for relief. Unfortunately, the Board disagreed with your rationale for relief. First, the Board concluded that you were properly assigned an uncharacterized discharge based on MILPERSMAN 1910-308, which directs that a separation initiated while a member is within their first 180 days of continuous active-duty service will be described as an uncharacterized entry-level separation unless an honorable characterization is clearly warranted by the presence of unusual circumstances involving personal conduct and performance. After reviewing your record, the Board found no unusual circumstances involving conduct and performance that would merit the assignment of an honorable characterization of service. Therefore, since you were discharged within 180 days of when you commenced continuous active duty, the Board determined that your uncharacterized discharge remains appropriate. Second, the Board determined that the preponderance of the evidence did not support a change to your narrative reason for separation. The 12 December 2017 medical report recommending your separation documents that your condition was not permanent and would have resulted in a full recovery within 6 to 12 months. Based on this evidence, the Board concluded that your condition was not a permanent disability condition that qualified for referral to the Disability Evaluation System. Based on this finding, the Board concluded that your leg symptoms interfered with the performance of your ability to complete basic training but did not amount to a disability condition. The Board was not persuaded by your VA rating for hallux valgus, since that foot condition was unrelated to the leg condition that formed the basis for your discharge from the Navy. Additionally, 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. 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, 4/15/2020