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 22 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 May 2009.  You had three wisdom teeth extracted on 11 June 2009 and was later transferred to the Remedial Medical Platoon on 22 June 2009 after suffering a foot fracture.  However, you were diagnosed with a preexisting Temporomandibular disorder on 15 July 2009 and recommended for administrative separation for condition not a disability.  After being counselled on 17 July 2009 for failing to meet physical standards to complete basic training, you were administratively separated for condition not a disability with an uncharacterized entry-level separation. 
 
The Board carefully considered your arguments that you deserve a disability discharge based on Temporomandibular disorder and your entrance physical that found you fit for enlistment in the Marine Corps.  Unfortunately, the Board disagreed with your rationale for relief.   
 
In reviewing your record, the Board determined that the medical evidence supports your narrative reason for separation.  You were diagnosed with a preexisting Temporomandibular disorder that was determined to be treatable by the examining oral surgeon.  However, it was due to your inability to complete basic training and the associated delay in your ability to deploy after graduation that led the Marine Corps to discharge you for the convenience of the government.  Neither your Temporomandibular disorder or your foot fracture were considered permanent disability conditions that qualified for a referral to the disability evaluation system by medical professionals that were treating you at the time.  Since your Temporomandibular disorder was determined to be a preexisting condition, the Board concluded you were either erroneously enlisted with a preexisting disqualifying condition or properly discharged for a condition that did not constitute a disability condition.  In either case, they determined the preponderance of the evidence does not support changing your narrative reason for separation to disability. 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 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,