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

Docket No. 2926-17 

Dear 

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 application on its merits. A three­member panel of the Board for Correction ofNaval Records, sitting in executive session, considered your application on 20 September 2017. The names and votes ofthe members ofthe panel will be furnished upon request. Your allegations oferror and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings ofthis Board. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions ofyour naval record and 
applicable statutes, regulations and policies. 

After careful and conscientious consideration ofthe entire record, the Board found that the 
evidence submitted was insufficient to establish the existence ofprobable material error or 
injustice. 

On 9 August 1995, you entered active duty in the United States Marine Corps. You state that 
you have pes planus (flat feet), and that as a result ofthe physical requirements of training at 
Camp Lejeune, you suffered from hairline stress fractures and bruising across both feet. 
However, you provide no medical evidence to support this assertion. You were separated from 
the service on 13 February 1996 based on "Erroneous Enlistment" and given an RE-3P reentry 
code. A member may be separated on the basis of erroneous enlistment when the enlistment 
would not have occurred ifrelevant facts had been known by the Department ofthe Navy. 

The Board carefully considered your argument that you should have received a disability separation or retirement due to the.medical issues and pain caused by your pes planus. Unfortunately, the Board did not agree with your rationale for relief. The Board concluded that had the Marine Corps known about your pes planus, and the limitations that the condition placed on your ability to satisfactorily complete physical training requirements, you would have been 
determined to be medically unqualified for enlistment in the service. In order to be eligible for a disability separation or retirement, a service member must be unfit for continued service due to a disability incurred or aggravated on active duty. Per SECNAVINST 1850.4E (3401) dated 30 April 2002, only those conditions that constitute physical disabilities may be considered by the Physical Evaluation Board. Certain medical conditions do not constitute a physical disability and are not ratable. Such conditions should be referred for appropriate administrative action under other laws and regulations. The Board concluded that you were correctly administratively separated based on your preexisting medical condition ofpes planus, which does not constitute a physical disability per applicable regulations. Further, a member is not eligible to receive benefits under 10 U.S.C., Chapter 61 for a medical condition ifthe condition existed prior to service. You also state that your medical issues associated with your pes planus (to include foot, leg, and ankle pain, swelling, and numbness, knee problems, tingling, arthritis, and depression due to your declining health) have progressively gotten worse over time, but you failed to provide medical documentation to prove that you suffer from a chronic disability, or a nexus between your medical issues and your time in service. 

The Board also denied your request to change your characterization ofservice. The Board determined that your characterization ofservice should remain "Uncharacterized," as you were within the first 180 days ofcontinuous active duty service at the time ofyour separation. The Board noted that it is proper for the characterization ofservice to be listed as "Uncharacterized," unless an "Honorable" characterization ofservice is clearly warranted by the presence ofunusual circumstances involving personal conduct and performance. The Board felt that there is a lack of evidence in your service record that would warrant a service characterization in your case. Accordingly, your application has been denied. 

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 ofregularity 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