Docket No: 7116-20 
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 14 April 2021.  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). 
 
During the enlistment process you completed medical prescreening and evaluation requirements.  On 21 May 1993 during your Military Entrance Processing examination you disclosed a prior hip surgery caused by a sports injury when you were 11 years old.  A specialty consultation was obtained, you were found fit for enlistment, and entered a period of active duty on 4 April 1994.  On 20 April 1994 during your first phase of Recruit Training you presented with pain in your right knee and hip and were referred to an orthopedic specialist.  You were diagnosed with left post slipped capital femoral epiphysis and your case was evaluated by a Medical Board.  On 25 April 1994 a Medical Board report concluded that the condition existed prior to enlistment and had not been aggravated by military service.  The report further stated that you were not qualified for military service under the “Physical Standards for Enlistment” and recommended that you be separated by reason of “Enlisted in Error.”  On 9 May 1994 you were provided with the Medical Board report results and did not submit a statement in rebuttal.  Additionally, you waived your right to have your case forwarded to a Physical Evaluation Board and acknowledged that you would be discharged with no additional evaluation and without disability compensation.  On 17 May 1994 you were notified that you were being recommended for administrative separation for defective enlistment due to erroneous entry.  You were further notified that if discharged, you would receive an Entry Level Separation and an RE-3P reenlistment code for failure to meet regular physical standards for enlistment as determined by a Medical Board.  You acknowledged the notification and waived your right to consult with counsel.  On 19 May 1994 you were separated with an uncharacterized discharge. 
 
You contend your enlistment was not erroneous because the Marine Corps was aware of your prior surgery as disclosed during your Military Entrance Processing examination.  You further contend you served your country with honor and should not be shamed by saying you lied to your country.   
 
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 contentions noted above and your desire to upgrade your discharge.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that you did disclose your preexisting injury prior to enlistment, that you were appropriately evaluated during your period of active duty, and that you were afforded all of your procedural rights.  Accordingly, the Board found no error or injustice in your discharge and given the totality of the circumstances, the 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, 
5/10/2021
Executive Director