DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 1081-19 Ref: Signature Date 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. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 July 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 you entered active duty with the Marine Corps in March 2016. You were diagnosed with a right hip stress fracture and recommended for administrative separation on April 2016. You were notified of administrative separation processing for condition not a disability on May 2016 and discharged on May 2016 with an uncharacterized entry level separation. On December 2018, the Department of Veterans Affairs (VA) issued you a 10% disability rating for your service connected disability condition. The Board carefully considered your arguments that you deserve a change to your narrative reason for separation to disability and an Honorable characterization of service. You assert that your VA rating substantiates that you were unfit for continued naval service at the time of your discharge. Unfortunately, the Board disagreed with your rationale for relief. First, the Board concluded there was insufficient evidence that you were unfit for continued naval service due to your hip stress fracture. In order to qualify for referral to the Disability Evaluation System (DES), there must be a medical determination that a disability condition exists and the condition would prevent a service member from performing the duties of their office, grade, rank or rating. In your case, the Board felt the preponderance of the evidence did not support a finding that your right hip stress fracture was a qualifying disability condition for referral to the DES since they believed the condition would have healed had the Marine Corps allowed you to remain on active duty in a non-training status. The Board relied on the medical determination made by Commanding Officer, Naval Hospital Beaufort that your condition did not qualify as a disability condition. The Board concluded that you were properly discharged for the convenience of the government based on the Marine Corps’ decision that your right hip injury would prevent you from completing your initial training pipeline within an acceptable time period. In the Board’s opinion, the decision to separate you was within the prerogative of the Marine Corps and reasonable in light of your response to treatment. Second, the Board determined that your uncharacterized entry-level separation remains appropriate since you were discharged within your first 180 days of consecutive active duty service. Marine Corps regulations dictate service members in their first 180 days of active duty shall be issued an uncharacterized discharge unless exceptional circumstances exists that allow for an exception to policy. The Board found no exceptional circumstances in your case to merit such a change since the facts of your case are similar to many other Marines who are separated due to their inability to complete their initial training pipeline due to recoverable injuries suffered while in basic training. 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. You are entitled to have the Board reconsider its decision upon submission of new matters. 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,