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

Docket No. 1504-18 
AUG 21 2018 

Dear 

This is in reference to your application for correction of your 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. 

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, 
considered your application on 2 August 2018. The names and votes ofthe 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 of your record shows you entered active duty with the Marine Corps in March 2016. 
On 9 June 2016, you were dropped to Special Training Company after suffering a stress fracture 
to your right foot.· However, you were recommended for administrative separation processing 
due to fraudulent enlistment on 28 June 2016 after medical personnel discovered a pre-serve 
medical history of disqualifying conditions including asthma, depression, headaches, and selfharm. 
Conditions you failed to disclose on your 30 March 2015 report of medical history. 
Based on the medical recommendation, you were notified of administrative separation 
processing on 6 July 2016 and acknowledged your rights. On 11 July 2016, your cast was 
removed from your right foot and you were removed from crutches on 19 July 2016. On 22 July 
2016, you were discharged for fraudulent entry and issued an uncharacterized entry level 
separation. 

The Board carefully considered your arguments that you deserve a disability discharge and 
upgrade to your 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 of active 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 6 July 2016 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 there was insufficient evidence that you qualified for disability benefits. 
Despite suffering from a stress fracture in June 2016, all medical evidence points to the fact your 
fracture had healed by the time of your discharge on 22 July 2016. There was no evidence your 
condition was permanent or prevented you from performing the duties of your office, grade, rank 
or rating had you been allowed to continue your basic training. Third, the Board concluded that 
the Marine Corps properly discharged you for fraudulent entry. A review of your entrance 
medical history reveals that you omitted multiple serious preexisting disability conditions that 
likely would have prevented your enlistment in the Marine Corps. This evidence convinced the 
Board that the Marine Corps had a reasonable basis to believe you intentionally withheld the 
medical information in order to fraudulently enter into an enlistment contract. Based on all these 
factors, the Board determined that no change to your record was warranted. 

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 of probable material error or injustice. 

Sincerely, 


Executive Director