Docket No: 7119-20 
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 27 January 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). 
 
You enlisted in the Marine Corps on 5 July 1990.  On 19 July 1990, you informed the medical unit that you suffered a stroke three years prior to enlisting into the Marine Corps and you failed to provide that information to the Military Entrance Processing Station (MEPS).  On the same day, you received non-judicial punishment (NJP) for two specifications of wrongfully disobeying a lawful order from a non-commissioned officer (NCO), being disrespectful in language toward an NCO, and assault upon an NCO.  On 21 August 1990, a medical board diagnosed you with a history of cerebrovascular problems that existed prior to enlistment (EPTE) and determined that you were not physically qualified and did not meet physical standards for enlistment into the Marine Corps.  As a result, you were recommended for separation from the Marine Corps.  Subsequently, you were notified of pending administrative separation action by reason of enlistment in error/failure to meet physical standards.  After you waived your rights, your commanding officer (CO) recommended an uncharacterized characterization of service by reason of enlistment in error/failure to meet physical standards.  The discharge authority approved this recommendation and directed an entry-level separation due to enlistment in error/failure to meet physical standards.  On 7 September 1990, you were discharged with an uncharacterized characterization of service and an RE-3P reenlistment code. 
    
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 change your RE-3P reenlistment code and contentions that you did not commit misconduct while in the Marine Corps and you never assaulted your Gunnery Sergeant (GySgt).  You further contend that you never were assigned to the physical conditioning platoon, you were never given the opportunity to become fit for duty, and you made it through the MEPS.   
 
The Board noted that the record shows that on 19 July 1990, you reported to the medical unit due to having difficulty berthing while running during physical training and informed the medical unit that you suffered a stroke prior to enlistment and failed to inform the MEPS.  The Board also noted that you did not provide any evidence to support your contention that, contrary to the evidence in your record, you did not assault your Gysgt.  In addition, 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.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your misconduct and failure to disclose your stroke prior to enlistment outweighed these 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,