DEPARTMENT OF THE NAVY BOARD FOR COR.RECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 7389-15 MAY 2 o2016 This is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 1552. Although your application was not filed in a timely marmer, t he Board found it in the interest of justi ce 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 administrative regulations and procedures applicable to theˇ proceedings of this Board. Documentary material considered by the Board consisted of your application, together with al.l material submitted in support thereof, your naval record and applicable statutes, regulations and policies. A review of your record shows that you entered acti ve duty with the Marine Corps in October 1995. After suffering a stress fracture of your right femoral neck, you were referred to a medical board and Physical Evaluation Board (PEB) _ On 30 January 1996, the PEB determined you were unfit for continued naval service due to your hip fracture and rated your condition 10% disabling. On 15 March 1996, you were discharged with an uncharacterized entry level separation since you served less than. 180 days. The Board car efull y considered your arguments that you deserve an hon.arable characterization of service since you were di scharged for a disability. Unfortunately, the Board disagreed with your rationale for relief . The Marine Corps Separation and Retirement Manual (MCO 1900.16) directs an uncharacterized separation in a member is in an .entry level status unless a servicemember's personal conduct and performance of military duty is so unusual ˇto warrant approval by the Secretary of the Navy. Your r ecord shows that you were injured during your initial months of training. Ther efore, the Board determined there is no evidence in your record to support the unusual circumstances requirement mandat ed by the regulat ion. Accordingly, the Board was unable to find an error or injustice warranting a correction to your record and denied your application. The names and votes of the members of the panel will be furnished upon request. It is regretted that the circumstances of your case are such that favorable action cannot be taken. You are entitled t o have the Board reconsider its decision upon submission of new evidence within one year from the date of the Board's decision. New evidence is evidence not previousl y considered by t he Board prior to making its deci sion i n t his case. In this regard, i t is important to keep in mind t hat a presumpt ion of regularity at taches to all official ˇrecords. Consequently, when applying for a correction of an official naval record, the burden is on the ˇappl icant to demonstrate the existence of probable mater i al error or injustice. Sincerely, Executive Di rect or 2