DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
Docket No. 741-17 
SEP 11 2017 

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 ofNaval Records, sitting in executive session, considered your application on 17 August 2017. 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 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 ofyour record shows that you entered active duty with the Marine Corps on 2 August 1995. After injuring your lower back during basic training, you were recommended for administrative separation on 26 October 1995 after failing to recover from yo ur condition. You were notified ofadministrative separation processing for fraudulent enlistment admitting you suffered from a pre-existing back condition prior to your entry into the Marine Corps. You were discharged on 31 October 1995 with an uncharacterized entry level separation. 
The Board carefully considered your arguments that you deserve an upgrade to your characterization of service. You assert that you informed your recruiter ofyour preexisting back condition. Unfortunately, the Board did not agree with your rationale for relief. First, the Board determined you were properly discharged for fraudulent entry based on your failure to disclose your history of back pain in your 10 July 1995 Report ofMedical History. Second, the Board concluded that you were properly issued an uncharacterized separation based on the fact you served less than 180 days of service and failed to meet any of the criteria contained in MCO 1900.16 that would allow for a characterization of service. Since your back condition preexisted your entry into the Marine Corps, the Board decided that you did not qualify for a disability discharge or the exception under MCO 1900.16 that allows for the issuance ofa characterization of service for entry level separations due to a disability. Accordingly, the Board was unable to find an error or injustice warranting a correction to yow-record and denied your application. 

It is regretted that the circumstances ofyour 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 ofan official naval record, the burden is on the applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 

Executive Director