DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 8587-20 
Ref: Signature Date 


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 21 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 on 17 March 1998.  You reported a 2-year history of intermittent dizziness, blurry vision, heart palpitations, and headaches on 19 March 1998 that resulted in a referral to the cardiology.  On 20 March 1998, you were diagnosed with Exertional Headaches and Lightheadedness after performing a stress test.  Subsequently, you were recommended for an entry level separation for erroneous enlistment based on your preexisting condition.  On 2 April 1998, you were discharged with an uncharacterized entry level separation for defective enlistment and induction – erroneous.  Post-discharge, you report no symptoms for the condition for which you were discharged. 

The Board carefully considered your arguments that you deserve a change to your narrative reason for separation.  You assert that you were healthy prior to entering the Marine Corps and healthy post-discharge.  Unfortunately, the Board disagreed with your rationale for relief. In reviewing your record, the Board concluded the preponderance of the evidence supports your erroneous enlistment discharge from the Marine Corps.  Specifically, the Board relied on your service medical records that document your 2-year history of symptoms related to your exertional headaches and lightheadedness diagnoses.  Since this medical history was document two days after your commencement of active duty, the Board concluded your symptoms were due to a preexisting condition that, more likely than not, was medically disqualifying for enlistment in the Marine Corps.  The fact you did not suffer from the same symptoms upon your discharge and were able to obtain a commercial driving license did not convince the Board that you were erroneously discharged since the medical evidence documents your symptoms were related exertional stress. Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your 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,