Docket No: 5432-20 
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 9 December 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). 
 
The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the Marine Corps on 15 November 1990.  On 10 December 1990, you went to sick call and were diagnosed as having a Lateral Collated Ligaments (LCL) strain to the right knee.  During the period from 12 December to 20 December 1990, you returned to sick call on three separate occasions due to experiencing problems with your right knee.  On 17 January 1991, the medical officer recommended that you be considered for a medical aptitude board or a medical separation, removed from training, transferred to the casual platoon, placed in a light duty status, and separated from the Marine Corps due to convenience of the government (COG) by reason of a condition not a disability.  
 
As a result, On 22 January 1991, your commanding officer (CO) recommended you for a COG discharge due to suffering from an LCL to the right knee that is a condition not a physical disability.  You were later diagnosed with Bilateral Patella Femoral Syndrome.  On 28 January 1991, a Medical Board screening determined that you were qualified for separation from active duty and no defects were noted that would entitle you to receive disability benefits from the Navy.  Subsequently, you were notified of pending administrative separation action by reason of COG due to a condition not a physical disability that interferes with your military duties.  You waived your right to consult with counsel and to submit written statements in rebuttal.  Your CO recommended an uncharacterized characterization of service by reason of COG due to a condition not a physical disability that interferes with your military duties.  The discharge authority approved this recommendation and directed an entry-level separation due to a condition not a physical disability that interferes with your military duties.  On 01 February 1991, you were discharged.    
 
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 were told you would receive an honorable or medical discharge when you left the Marine Corps.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  The Board noted that you were notified of your separation processing within 180 days of the beginning of your period of active service.  Applicable regulations authorize an uncharacterized entry-level separation if the processing of an individual's separation begins within 180 days of the individual's entry on active service.  Specifically, the Board determined that you received appropriate medical evaluation board screening and notification, and these aspects outweighed the mitigating factors.  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, 
 
1/13/2021
Executive Director