DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 8847-16 
MAY 7 2017 

Dear [NAME REDACTED],

This is in reference to your application for correction ofyour 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 oflimitations and consider your case on its merits. A three-member 
panel ofthe Board for Correction ofNaval Records, sitting in executive session, considered your 
application on 20 April 2017. Your allegations of error and injustice were reviewed in 
accordance with administrative regulations and procedures applicable to the proceedings ofthis 
Board. Documentary material considered by the Board consisted ofyour application, together 
with all material submitted in support thereof, your naval record and applicable statutes, 
regulations and policies. 

A review ofyour record shows that you entered active duty with the Marine Corps on 20 June 
2005. In September 2005, you complained ofneck and back pain while undergoing tank 
training. You informed the medical personnel that you originally incurred your injuries while 
participating in sports and weight training in August 2004 while in High School. You were 
diagnosed with degenerative disc disease ofthe cervical and lumbosacral spine and later 
determined to be unfit for continued naval service due to chronic muscular neck and lower back 
pain by the Physical Evaluation Board. Both of your conditions were determined to exist prior to 
your entry into the Marine Corps and you were discharged on 21 December 2006 for a disability, 
existed prior to service. 

The Board carefully considered your arguments that you were physically fit prior to entering the 
Marine Corps and deserve a change to your narrative reason for separation to reflect your 
condition was incurred while on active duty. Unfortunately, the Board disagreed with your 
rationale for relief. The Board examined the timing ofyour injury with your statement to 
medical personnel that you were suffering from the same condition approximately one year prior 
before entering the Marine Corps. The brevity oftime between when you originally incurred the 
injury and later suffered symptoms from the same injury convinced the Board your condition 
never fully healed prior to entering the Marine Corps. Further, the Board considered that you 
were provided the due process afforded by the Disability Evaluation System in 2006 to consider 
the source of your conditions. In each circumstance where medical personnel examined your 
conditions, a medical determination was made that the conditions existed prior to your entry into 
the Marine Corps. Absent medical evidence that refutes those medical determinations, the Board 
concluded your narrative reason for separation is correct and supported by the existing medical 
evidence in your record. 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 
at this time. You are entitled to have the Board reconsider its decision upon the submission of 
new and material evidence. New evidence is evidence not previously 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 ofprobable material error or injustice. 

Sincerely, 


Executive Director