DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 6031-18 Ref: Signature Date Dear This letter is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552. After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found that 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 of limitations and consider your application on its merits. A three-member panel of the Board, sitting in executive session, considered your application on 14 August 2019. 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, as well as applicable statutes, regulations, and policies. You enlisted in the Marine Corps and began a period of active duty on 16 March 1993. On 15 April 1993, you were the subject of a medical board and found you fractured to your pelvic ring, which precluded further training and required a protracted length of time to heal and become asymptomatic. The final diagnosis was a stress fracture to your left inferior pubic ramus, a condition that did not exist prior to enlistment. On 18 May 1993, you acknowledged being informed of the medical board’s recommendation to separate you due to unfitness for duty and declined to submit a statement in rebuttal. On 19 May 1993, your command was advised of the medical board’s findings and recommendation. On 2 June 1993, you were issued orders to return home pending final disposition of the Physical Evaluation Board (PEB). On 4 June 1993, you were informed of the PEB’s preliminary finding that you were unfit for duty due to a stress fracture of your left inferior pubic ramus. On 15 June 1993, your 91st day of enlistment, you were advised of the PEB decision and accepted the findings, and waived all other rights. On 29 June 1993, the PEB notified the office of the Commandant of the Marine Corps of its final recommendation that you be separated from the naval service with a ten percent disability rating. Subsequently, you were involuntarily processed for entry level separation by reason of physical disability. On 2 September 1993, the separation authority directed that you receive an uncharacterized entry level separation by reason of physical disability. On 14 September 1993, you were discharged with an entry level separation by reason of physical disability. The Board carefully weighed all potentially mitigating factors in your case, including your contention that you served for 182 days, which you contend does not classify as an entry-level separation. However, the Board concluded that these factors were insufficient to warrant relief in your case. You were notified of your separation processing within 180 days of the beginning of your period of active service. Applicable regulations authorize an uncharacterized entry level separation if the processing of an individual’s separation begins within 180 days of the individual’s entry on active service. It is regretted that the circumstances of your case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon the submission of new matters, which will require you to complete and submit a new DD Form 149. New matters are those not previously presented to or 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 of probable material error or injustice.