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

Docket No: 2171-19 
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 23 April 2020.  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 14 January 1991.  On 4 March 1991, you were diagnosed by a medical board with a probable fracture cartilaginous portion of the anterior lower right rib cage and referred to the Physical Evaluation Board (PEB) for further disposition.  On 5 April 1991, the PEB found you physically unfit for further military service and recommended administrative discharge from the naval service. On 9 April 1991, you were informed of the PEB’s findings and accepted those findings.  On 1 May 1991, you were discharged from the Marine Corps with an uncharacterized entry level separation by reason of physical disability.
 
The Board carefully weighed all potentially mitigating factors, including your desire to upgrade your discharge.  The Board considered your contention that you received a service connected disability compensation from the Department of Veterans Affairs (VA) at 10%, under honorable conditions.  The Board concluded these factors were insufficient to warrant relief in your case due to the diagnosed medical condition.  Further, 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.  In regard to your contention that you receive disability compensation from the VA under honorable conditions, be advised that the criteria used by the VA in determining whether a former service member is eligible for benefits are different than that used by the Navy when determining a member’s discharge 
characterization.  Under the totality of the circumstances, the Board discerned no probable material error or injustice in the discharge.
 
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,