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 7 April 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 1993.  During basic training, you suffered a foot arch injury that later developed into plantar fasciitis after graduation and your enrollment in the School of Infantry.  On 9 December 1993, a medical board diagnosed you with Congenital Bipartite Sesamoid based on no history of trauma to that part of your foot.  As a result, you were recommended for administrative separation due to erroneous enlistment and discharged on 31 March 1994 with a General characterization of service.  Your characterization of service was later upgraded to Honorable by this Board.   
 
The Board carefully considered your arguments that you deserve a change to your narrative reason for separation to disability.  You assert that you developed a lower extremity dystrophy condition after your release from active duty due to the injury suffered while in basic training.  You also argue that you do not suffer from flat feet or a congenital birth defect.  Unfortunately, the Board disagreed with your rationale for relief. 
 
In reviewing the evidence in your case, the Board concluded the preponderance of the evidence supports your assigned narrative reason for separation.  The Board noted that you provided no evidence to support your assertions and, therefore, relied on the 9 December 1993 medical board report that documented your Bipartite Sesamoid condition existed despite suffering no trauma to that part of your foot.  Based on the reasoning contained in the medical board report, the Board determined this medical diagnosis was reasonable and uncontradicted by any other medical evidence.  Therefore, the Board concluded that you were appropriately discharged for erroneous enlistment based on your preexisting congenital condition.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record. 
 
While the Board empathizes with your current medical condition, they felt compensation and treatment for your disability conditions fall outside the scope of the Department of Defense disability system and under the purview of the VA.     
 
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, 
 4/8/2021
Executive Director