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 case on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 14 January 2021.  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 June 1980.  On 24 December 1980, non-judicial punishment was imposed on you for disorderly conduct.  In February 1981, you reported pain in your scrotum and were referred to Urology for an evaluation.  Eventually, you were diagnosed with Varicocele and recommended for surgery.  On 24 February 1981, you requested to be discharged in lieu of continued treatment for your Varicocele condition.  The Physical Evaluation Board (PEB) concluded you were unfit for continued naval service due to your condition and did not assign you a disability rating based on your refusal of treatment.  On 2 June 1981, you were discharged for physical disability due to willful neglect with a General characterization of service. 
 
The Board carefully considered your arguments that you deserve a change to your narrative reason for separation to reflect your disability was service incurred or aggravated along with an upgrade to your characterization of service.  Unfortunately, the Board disagreed with your rationale for relief. 
 
First, the Board found no error or injustice with your PEB findings that concluded you did not qualify for military disability benefits for your Varicocele condition.  SECNAVINST 1850.4 states that a member’s refusal of surgical treatment of a disability condition shall result in the condition being deemed to have been incurred as a result of a member’s own misconduct.  Since you refused surgical treatment for your Varicocele condition, the Board concluded that the PEB appropriately determined you did not qualify for a disability rating based on your willful neglect to receive treatment.  Second, the Board concluded insufficient evidence exists to change your characterization of service to Honorable.  Your record documents that you received non-judicial punishment despite serving less than 12 months of active duty service.  So despite the fact you earned a conduct and proficiency marks to qualify you for an Honorable characterization of service, the Board determined the preponderance of the evidence supports a finding that significant negative aspects of your conduct outweighed positive aspects of your brief period of active duty.  In their opinion, there is a presumption of regularity associated with your Commanding Officer’s decision to assign you a General characterization of service that was not overcome by your assertion that your discharge was inaccurate.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.   
 
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 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,