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 case on its merits.  A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 September 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 10 January 1995.  That same month, you were dropped to a medical remedial platoon after complaining of leg pain; pain that was later diagnosed as a stress fracture of your left tibia.  In May 1995, you were referred to mental health after expressing a desire to leave the Marine Corps due to your extended rehabilitation schedule.  You were diagnosed with an adjustment disorder and recommended for an entry level separation on 30 May 1995.  You were notified of administrative separation processing on 9 June 1995 and discharged on 13 June 1995 for entry level performance and conduct 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 and an honorable characterization of service.  You assert that you fractured your leg during basic training and still suffer from physical and mental pain as a result of your injury.  Unfortunately, the Board disagreed with your rationale for relief.  First, the Board determined your uncharacterized discharge was proper based on your release from active duty within your first 180 days of consecutive active duty service.  The Board found no extraordinary circumstances in your case to change your characterization of service since you were released for entry level performance and conduct after expressing a desire to leave the Marine Corps.  Second, the Board also determined that your narrative reason for separation remains appropriate.  In order to qualify for a disability discharge, a servicemember must be unfit for continued naval service due to a qualifying disability condition.  In your case, the Board did not find that the preponderance of the evidence supported a finding that your stress fracture of your tibia was a permanent condition that would have prevented you from returning to duty after a reasonable period of treatment and rehabilitation.  In the Board’s opinion, you were released from active duty due to your lack of motivation for continued military service and not due to your stress fracture.  The Board relied on the 30 May 1995 adjustment disorder diagnosis and recommendation for an entry level separation to support their findings.  The Board also noted that a non-chronic adjustment disorder is not a compensable disability under the disability regulations.  So despite your assertion that you continued to suffer symptoms post-discharge due to your leg condition, the Board felt you were properly discharged for entry level performance and conduct based on your stated desires at the time.  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, 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.