Docket No: 3922-20 
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 application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 16 November 2020.  The names and votes of the panel members 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 the 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, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). 
  
You enlisted in the Marine Corps and began a period of active duty on 16 January 2001.  On 12 February 2001, you were diagnosed with a stress fracture of the right tibia.  On 26 February 2001, you were diagnosed with osteopenia (low bone density) that existed prior to entry.  Subsequently, administrative separation action was initiated.  On 28 February 2001, your Commanding Officer recommended you receive an entry level separation.  On 2 March 2001, the Separation Authority directed you be administratively separated with an uncharacterized discharge.  On 9 March 2001, you were discharged with an uncharacterized discharge.   
 
You requested an upgrade of your discharge to Honorable. You stated you were injured early in training and sent to the rehabilitation platoon while they worked to find out what was causing the pain and swelling in your legs.  You were diagnosed with multiple stress fractures that may have been precipitated by low bone density.  A physician asked you if you wanted to go home and heal or continue until you could recycle with another class.  You asserted you told him you wanted to stay; however, you were sent home.  You also asserted that you moved back to  and utilized the Vocational Rehab program to obtain an undergraduate degree.  You have also continued your education and achieved many accomplishments since discharge.   
 
The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo.  These included, but were not limited to, your desire to upgrade your discharge and contention that you have been a productive member of society since your discharge.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief. 
  
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,