DEPARTMENT OF THE NAVY 
BOARD·FOR CORRECTION OF NAVAL RECORDS 701 $.COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 
Docket No. 7154-15 
HAY 2 0 2016 


This is in reference to your application for correction of your naval record pursuant to the provisions of 10 use 1552. 
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 for Correction of Naval Records, sitting in executive session, considered your application on 15 April 2016. Your allegations of error and injustice were reviewed in accordance with administrat ive regulations and procedures applicable to the proceedings of this Board. Documentary mat~rial considered by the Board consisted of your application, together with all material submitted i n support thereof, 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 7 August 1989. On l December 1989, you reported to medical complaining of a sore left foot. As a result, you were \diagnosed with pes planus deformity and hallux valgus deformity of your left foot. On 22 January 1990, a medical board found you unfit for _continued service due to the two conditions and determined both conditions existed prior to entry. The medical board report pointed out that your entrance physical identified the pes planus deformity. On 2 March 1990, the Physical Evaluation Board (PEB) affirmed the medical board findings.after you requested a PEB review. on 2 April 1990, you were discharged due to a physical disability that existed prior to entry. 

The Board carefully considered your arguments that your condition did not exist prior to entry. In addition, you contend that your current condition has worsened to the point you are 100% disabled and suffer . from other conditions not identified by t he mi litary. Unfortunately, the Board disagreed with your rationale for relief. First, t he Board determined the sufficient evidence exists to support the finding made by the medical board and PEB that your condition existed prior to your 
entry into the Marine Corps. Your entrance physical noted the existence of the pes planus condition. The fact the severity of the condition was not discovered until after you commenc.ed training did not convince the Board your condition was incurr ed or aggravated by your brief period of service. Second, the Board lacked evidence regarding your current disabilities. You submi tted no evidence with your application to support your contention that you suffered from additional disabilities while in the Marine Corps that .made you unfit for continued naval service. Third, while the Board sympathizes with your current condition, the natural progression of your condition that leaves you unable to stand was insufficient to sway the Board to change the findings of the PEB absent evidence there was some error committed. Accordingly, the Board was unable to find an _error or injustice warranting a correction to your. record and denied your ~pplication. The names and votes of the members of the panel will be furnished upon request. 

I t is regretted that the circumstances of your case are such that favorable action cannot be taken. You are ent itled to have the Board reconsider its decision upon submission of new evidence within one year from the date of the Board1 s decision. New evidence is evidence not previously considered by the Board prior to making its decision in this case. In this regard, it is important to keep i n mind that a presumption of regular ity 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 e.xistence of probable material error or injustice. 

Sincerely, 

Executive Director