DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON. VA 22204-2490 
 
Docket No. 1035-18 
AUG 2 1 2018 

Dear 

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions of 10 USC 1552. After careful and conscientious consideration ofthe entire record, 
the Board found the evidence submitted was insufficient to establish the existence of probable 
material error or injustice. Consequently, 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 oflimitations 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 2 August 2018. The names and votes of the members of the panel will be 
furnished upon request. 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, relevant portions of your naval record and applicable 
statutes, regulations and policies. 

A review ofyour record shows that you entered active duty with the Marine Corps in November 
1999. After completing Basic Training and entering the School of Infantry, you reported pain in 
your right ankle due to long marches with packs. On 3 April 2000, a medical report noted that 
you originally suffered a broken ankle at age 12 and the ankle pain reoccurred in boot camp. 
While pain occurred during marches with weight, you reported no pain during regular walking. 
Treatment continued with physical therapy until you were eventually diagnosed with right ankle 
instability on 9 May 2000 and recommended for administrative separation processing for a 
condition not a disability. On 30 May 2000, you were able to run at 6 MPH for 10 minutes 
during your therapy session and pain was reported as resolved. However, medical notes show 
that you and your mother determined it was in your best interest to return home. Your final 
diagnosis was right ankle instability, existed prior to entry, and right ankle sprain, resolving. 
Based on the medical recommendation, you were discharged for condition not a disability on 19 
June 2000 after being medically cleared for separation. Based on your time in service, you were 
issued an uncharacterized entry level separation. 

The Board carefully considered your arguments that you deserve a disability discharge and 
honorable characterization of service. Unfortunately, the Board disagreed with your rationale for 
relief. First, the Board found no error in the Marine Corps decision to issue you an 
uncharacterized entry level separation. Marine Corps regulations identify any Marine processed 
for separation within their first 180 days ofactive duty as being in an entry level status. These 
regulations further require the issuance ofan uncharacterized discharge to those Marines in an 
entry level status unless certain exceptions apply. Since you were within your first 180 days of 
active duty when your administrative separation process was initiated on 15 May 2000 and none 
of the exceptions to .Policy applied in your case, the Board found that you were properly 
classified as being in an entry level status and issued an uncharacterized entry level separation. 
Second, the Board determined that you did not qualify for disability benefits since there was no 
evidence you suffered from a qualifying disability that warranted your referral to the Disability 
Evaluation System. As noted on your 30 May 2000 sports medicine report, you were able to run 
without pain for 10 minutes. This was 19 days prior to your discharge and, therefore, convincing 
evidence that you were likely fit for continued active service had you been able to complete your 
initial training pipeline. The fact the Marine Corps determined your condition prevented you 
from completing your training did not convince them you were unfit for continued naval service. 
In the Board's opinion, inability to complete specific training does not equate to a finding that 
you were unable to perform the duties ofyour office, grade, rank or rating. Further, the Board 
noted that your ankle instability condition was identified as a preexisting condition that stemmed 
from your prior ankle injury at age 12. This was additional evidence to the Board that you would 
not have qualified for military disability benefits had you been referred to the Disability 
Evah1ation System. Based on these factors, the Board determined no changes to your record 
were warranted. 

Regarding your request for a personal appearance, the Board determined that a personal 
appearance with or without counsel will not materially add to their understanding of the issue( s) 
involved. Therefore, the Board determined that a personal appearance was not necessary and 
considered your case based on the evidence of record. 

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 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