DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 3085-21 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 7 June 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). 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 enlisted in the U.S. Marine Corps on 18 May 1998. On 9 June 1998, you were evaluated at the Branch Medical Clinic, , for left shoulder pain and decreased motion for an injury that occurred while lifting weights. The examination revealed you had an “obvious” dislocation of the shoulder. During the examination, you admitted to the medical officer that you dislocated your shoulder in 1995. Your pre-service Report of Medical History and Examination (SF 93/88) indicate a dislocated left shoulder. You were referred to Sports Medicine and Orthopaedics for recurring dislocation of the left shoulder and subsequently diagnosed with “EPTE dislocation of the left shoulder, not aggravated by service,” which was considered disqualifying for service. You were recommended for separation as your condition did not meet minimum standards for enlistment and you did not meet those standards at the time of your entry into training. The Medical Dispositions Officer recommended you be removed from training, placed into a “no-duty” status, and separated due to “erroneous enlistment.” On 22 June 1998, you were notified of pending administrative separation by reason of erroneous enlistment. Your commanding officer then forwarded your separation package to the discharge authority recommending that you receive an Entry Level Separation (ELS) by reason of erroneous enlistment as evidenced by a physical condition that existed prior to entry. The discharge authority concurred with the recommendation and directed your discharge by reason of erroneous enlistment. You were discharged with an Uncharacterized (UNCHAR) ELS on 26 June 1998. You petitioned the Naval Discharge Review Board (NDRB) requesting a documentary review of your discharge. The NDRB Board concluded that the discharge was proper and equitable, and that the awarded characterization of service shall remain UNCHAR. The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention that you have been granted direct service-connection by the Board of Veterans Appeals (BVA) for a left shoulder injury. Specifically, that the BVA found your injury prior to service healed without residuals and your injury in service was a new condition rather than an aggravation of the old injury. The Board noted the decision letters you submitted from the BVA and the Department of Veterans Affairs. The Board further noted NDRB’s decision, specifically, wherein it states, “the criteria used by the VA in determining whether a former Service member is eligible for benefits are different than that used by the Marine Corps when determining a member’s discharge characterization.”. The Board concluded there was insufficient evidence of an error or injustice that warrants granting clemency and you were appropriately discharged with an UNCHAR ELS because you had not reached 180 days of continuous active military service. 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 upgrade your discharge based on your contention above. However, based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief. Specifically, the Board determined you were appropriately discharged with an UNCHAR ELS. 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, 6/15/2021 Executive Director