DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 266-20 
Ref: Signature Date 

Dear

This letter is in reference to your reconsideration request dated 17 December 2019.  You previously petitioned the Board for Correction of Naval Records (Board) and were advised that your application had been disapproved.  Your case was reconsidered in accordance with Board procedures that conform to Lipsman v. Sec’y of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004).  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. 

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 February 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.
 
The Board carefully considered your arguments that you deserve a change to your narrative reason for separation to disability.  You assert that you were suffering from severe pes planus symptoms that did not exist prior to your entry into the Marine Corps.  Unfortunately, the Board disagreed with your rationale for relief.  First, the Board found no evidence that your pes planus condition was unfitting at the time of your discharge.  Your 13 June 1978 medical board report diagnosed you with an umbilical hernia condition that existed prior to your entry.  It was the preexisting hernia condition that served as the basis for your administrative separation for erroneous enlistment since it was determined you were erroneously enlisted with a disqualifying disability condition.  While you pes planus related foot pain was noted in your medical records, there was no evidence a medical determination was made that it prevented you from performing the duties of your office, grade, rank or rating. Further, the Board noted on your 25 February 1978 entrance physical that you were documented with asymptomatic pes planus.  Therefore, if since developed foot pain within days of commencing basic training, these symptoms were consistent with your preexisting pes planus condition and also consistent with the natural progression of the condition, i.e. not service aggravated.  Based on this finding, the Board determined your pes planus, if unfitting at the time of your discharge, would have also served as a basis for an erroneous enlistment discharge since it preexisted your entry into the Marine Corps, was a disqualifying condition for enlistment, and was not aggravated by your active duty service. 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 reconsideration petition are such that favorable action cannot be taken.  You are entitled to have the Board reconsider its decision upon the 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 the absence of new matters for reconsideration, the decision of the Board is final, and your only recourse would be to seek relief, at no cost to the Board, from a court of appropriate jurisdiction. 

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,