Docket No: 4630-20 
Ref: Signature Date 

Dear  : 
 
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. 
 
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 27 July 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, as well as applicable statutes, regulations, and policies. 
 
You enlisted in the Marine Corps and began a period of active duty on 15 July 2002.  On 24 September 2002, you were sent to medical for evaluation after falling to the ground during a three-mile hike and having a temperature of 105 degrees.  You spent three days under medical care for heat stroke, and were diagnosed as having a head injury.  Medical stated that it was unlikely that your condition would change if retained.  You were counseled on 10 October 2002, for not being recommended for reenlistment due to Heat Intolerance.  You were notified of administrative separation proceedings against you on the basis of Heat Intolerance.  You were discharged from the Marine Corps on 17 October 2002, with an entry level separation, on the basis of a condition not a disability and received a reentry (RE) code of RE-3P. 
 
You request a change to your record reflect a general characterization of service and assert that you are entitled to an upgrade because this is a medical case.  You note that your discharge was not due to disciplinary actions or conduct and the discharge should reflect as such. 
 
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your contention that you are entitled to a general characterization of service because you were discharged due to a medical condition rather than misconduct.  The Board noted that an entry level separation is not necessarily reflective of misconduct, and is appropriately assigned when an individual is notified of administrative separation proceedings against them within 180 days from the start of his or her active duty service.  Since you began active duty on 15 July 2002, and were notified of administrative separation proceedings on 10 October 2002, the Board concluded that the entry level separation was appropriately assigned and that a general discharge is not warranted.  The Board further considered the medical circumstances of your case under SECNAVINST 1850.4 series and determined that you were properly administratively separated on the basis of a condition, not a disability, and that your entry level separation was executed without error or injustice. 
 
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 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 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,