DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490
                  
Docket No: 9098-18 
Ref: Signature Date 
 
Dear : 
 
This 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 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 12 November 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, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 
 
You enlisted in the Marine Corps on 3 April 1991.  On 14 May 1991, you were the subject of a medical evaluation and found to have a condition that existed prior to enlistment, which was not correctable to meet Marine Corps physical standards.  The diagnosed condition affected your potential for performance of expected duties and responsibilities.  Subsequently, you were notified of the recommendation that you be discharged by reason of entry-level separation due to a medical condition that existed prior to enlistment.  After you waived your rights, your commanding officer (CO) recommended an uncharacterized characterization of service due to a medical condition that existed prior to enlistment.  The discharge authority approved this recommendation and directed an uncharacterized characterization of service due a medical condition that existed prior to enlistment.  On 29 May 1991, you were discharged. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to change your characterization of service, change your narrative reason for separation, and contentions that you were told you would receive an honorable discharge with Department of Veterans Affairs (VA) benefits and you need VA benefits.  However, the Board found that these factors were not sufficient to warrant changing your characterization of service and narrative reason for separation.  The Board also noted that Marine Corps regulations authorize uncharacterized entry-level separation if the processing of the individual’s separation begins within 180 days of the individual’s entry on active duty.  In regard to your contention that you were told you would receive a discharge with VA benefits for your knee, the Board noted that there is no evidence in your record, and you submitted none beyond your statement, to support your contentions.  In regard to your contention that you need VA benefits, whether or not you are eligible for benefits for your knee is a matter under the cognizance of the VA, and not the Department of the Navy. 
 
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. 
 
Sincerely,