DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 YTC Docket No: 5489-17 Dear This is in reference to your application for correction of your naval record pursuant to the provisions of title 10 ofthe United States Code, section 1552. After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material or injustice. Accordingly, your application has been denied. 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 application on its merits. A threemember panel ofthe Board for Correction ofNaval Records, sitting in executive session, considered your application on 9 July 2018. The· names and votes of the 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 of your naval record and applicable statutes, regulations and policies. You enlisted in the Marine Corps and began a period of active duty on 1August2016. On 8 November 2016, you arrived at the School oflnfantry East and began training with Company C. On 21November2016, you sustained a right shoulder injury. Your record indicates that on 18 January 2017, you made statements to your medical provider that you had a previously undisclosed shoulder injury from 2014. Civilian medical records reflect that you received treatment on 10 April 2014, for a right shoulder dislocation. The injury was not reflected on your Report of Medical History (DD Form 2807-1). You received a counseling entry on 23 January 2017, for deliberate concealment of a right shoulder injury (pre-service). On 24 January 2017, you were notified ofadministrative separation proceedings against you on the basis of fraudulent entry (undisclosed history ofshoulder injury) with a recommended general characterization ofservice. Your record also reflects a counseling entry of 3 February 2017, for an assault against a fellow Marine. You were discharged from the Marine Corps on 22 February 2017, and received a general characterization of service and a reentry (RE) code of RE-4. You request a change to your RE-4 code and state that you did not enter the Marine Corps under false pretenses. You contend that there is no evidence in your past medical records reflecting any dislocation or tear ofyour right shoulder. You state you had no pain or mobility issues prior to enlistment, that you hurt your shoulder during the crucible, and that you have since had surgery to repair a labrum tear. The Board, in its review of your entire record and application, carefully weighed all factors relating to your request for a change to the RE-4. The Board noted that you earned overall marks of4.2/4.2, and that you have had your shoulder injury repaired since your discharge. The Board considered your injury in November 2016, and your statement that you did not have pain or mobility problems prior to your military service. The Board found, however, that your failure to disclose your 2014 injury during the enlistment process supported the issuance ofthe RE-4. The Board determined that your record does not reflect an error or an injustice that warrants corrective action. 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