DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 
Docket No. 7449-15 
HAY 2 0 2016 

Dear, 
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 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 22 April 2016. 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, 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 15 September 1971. Your entry physical noted the existence of a knife wound scar that you suffered prior to your entry. This old injury broke down and blistered due to your rifle sling resulting in your referral to a medical board on 12 January 1972. You were recommended for discharge due to a physical disability that existed prior to entry; a finding you acknowledged. On 1 February 1972, you were discharged and issued a separation code of 274 on your DD Form 214. The Board carefully considered your argument that your separation code is incorrect since it reflects intentional misconduct or neglect. Unfortunately, the Board disagreed with your rational_e for relief. The Marine Corps Separation and Retirement Manual (MARCORPSEPMAN) lists "274" as the proper code to issue in cases where a service member is discharged due to a disability without severance pay in accordance with paragraph 6011. Since you were discharged under those circumstances under the authority of MARCORSEPMAN paragraph 6011, the separation code of 274 is correct. The Board concurs that you were not discharge for those reasons due to intentional misconduct or neglect during a period o"f unauthorized absence, however, the fact the MARCORSEPMAN contains exampl es of when the 274 code may be issued does not make it an error or injustice requiring a change to your record since those examples are not exclusive. Accordingly, the Board-was 
· unable to f i nd an error or injustice warranting a correction to your record and denied your application. The names and votes of t he . 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 to 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 previously considered by the Board prior to making its decision in this case. 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, 


Executive Director