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

Docket No. 8472-18 
Ref: Signature Date 

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 of the 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 of limitations and consider your case on its merits.  A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 June 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 and applicable statutes, regulations and policies.   

A review of your record shows that you entered active duty with the Marine Corps on 17 October 1995 after being medically cleared to enlist despite a history of left shoulder dislocations.  You were treated for a left shoulder dislocation on 27 October 1995 and diagnosed with recurrent dislocations to your left shoulder, a condition that existed prior to entry.  Based on your preexisting condition, you were recommended for administrative separation due to erroneous enlistment.  On 8 November 1995, you were notified of administrative separation processing for erroneous enlistment and discharged on 22 November 1995 with an uncharacterized entry level separation. 

The Board carefully considered your arguments that you deserve a change to your narrative reason for separation to disability.  You assert that your disclosure of your left shoulder condition on your enlistment physical and subsequent medical clearance to enlist makes you entitled to a disability discharge.  Unfortunately, the Board disagreed with your rationale for relief.  The Board concluded that you were properly discharged for erroneous enlistment since you were medically determined not have met physical standards for enlistment due to your preexisting history of left shoulder dislocations.  Therefore, it was the Board’s opinion that the Navy erroneously allowed you to enlist with a disqualifying physical condition as evidenced by the disqualifying disability condition manifesting itself within 10 days of commencement of active duty.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record. 

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 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. 

Sincerely, 


6/10/2019