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.     
 
A three-member panel of the Board, sitting in executive session, considered your application on 19 August 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 underwent a bilateral excision of your OS intermetatarseum on 24 September 1999.  However, you failed to report your prior surgery and foot condition on your entrance physical.  You subsequently entered active duty with the Marine Corps in July 2002.  During basic training, you reported bilateral foot pain and disclosed your prior foot surgery and condition.  As a result, you were recommended for administrative separation for fraudulent enlistment.  At the time, you admitted to deliberately withholding the information regarding your feet because you felt you were medically qualified for active duty.  After being notified of administrative separation processing, you were discharged on 23 December 2002 with an uncharacterized entry-level separation for fraudulent enlistment.    
 
The Board carefully considered your arguments that you deserve an upgrade to your characterization of service to Honorable.  You assert that you did not intend to fraudulently enlist but felt you could physically perform the duties of a Marine.  You require medical treatment for your mental health and substance abuse that would be afforded with an upgrade.  Unfortunately, the Board disagreed with your rationale for relief. 
 
In reviewing your record, the Board concluded the preponderance of the evidence does not support upgrading your characterization of service to Honorable.  Based on your active duty service that spans less than 180 days, your discharge was properly classified as an entry level separation based on Marine Corps Order 1900.16.  

That order also specifies that Marines separated in an entry-level status will be assigned an uncharacterized characterization of service unless specific circumstances such as misconduct or unusual circumstances involving performance of duty is involved.  The Board found no such supporting evidence to merit a finding that your case met any of the criteria for assigning any characterization of service under the order.  Other than your foot pain that was the direct result of your failure to disclose the condition prior to your entry into the Marine Corps, the Board found no extraordinary circumstances associated with your case.  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,    
 

Deputy Director