Docket No. 4976-20
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 relevant portions of your naval record and your application, 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 case on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 15 October 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 that you entered active duty with the Marine Corps in July 2005.  After breaking your index finger in August 2005, you were transferred to a remedial platoon for rehabilitation.  However, after being diagnosed with a ganglion cyst on your left wrist, you were recommended for administrative separation for a condition not a disability in September 2005.  After being notified of administrative processing on 27 September 2005, you were discharged with an uncharacterized entry-level separation on 30 September 2005.  You assert that the Department of Veterans Affairs (VA) has assigned you a 10% disability rating since your discharge from the Marine Corps. 
 
The Board carefully considered your arguments that you deserve an Honorable characterization of service and disability discharge.  You assert that you require relief in order to qualify for a VA loan Certificate of Eligibility and were forced out of the Marine Corps due to your disability conditions.  Unfortunately, the Board disagreed with your rationale for relief.  The Board concluded that the preponderance of the evidence does not support granting you an Honorable characterization of service or a disability discharge.  First, the Board determined that your uncharacterized entry-level separation was appropriate. MCO 1900.16 directs service members discharged in their first 180 days of continuous active service be assigned uncharacterized entry level separations unless specific circumstances exist to merit an exception to policy decision by the Secretary of the Navy.  In your case, the Board found no unusual conduct or performance circumstances that would support the assignment of a characterization of service.  Therefore, since you were discharged within your first 180 days of continuous active service without meeting, the Board determined your uncharacterized entry-level separation was correctly assigned.  Second, the Board concluded you did not meet the criteria for a disability discharge.  According to SECNAVINST 1850.4E, a case meets the criteria for the Disability Evaluation System review when an evaluation of a service member’s diagnosis and treatment is required due to the member’s inability to return to military duty and because the member’s condition most likely is permanent, and/or any further period of temporary limited duty is unlikely to return the member to full duty.  A condition is considered permanent when the nature and degree of the condition render the member unable to continue naval service within a reasonable period of time (normally 8-12 months or less).  In reviewing your record, the Board found no disability condition that was likely permanent or of a nature to prevent you from returning to full duty within a reasonable time.  You suffered from a broken index finger and cyst on your wrist.  In the Board’s opinion, both of those conditions were treatable and would have allowed you to return to full duty status well before the 8-12 month period described in the instruction.  The fact the Marine Corps determined it was in the their interest to discharge you due to your inability to complete your initial training pipeline was determined to be within the Marine Corps’ discretion under the Marine Corps Separation and Retirement Manual since your medical conditions did not meet the regulatory definition of a military disability.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.   
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue(s) involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of 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,