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 in June 1994. On 22 November 1994, the Physical Evaluation Board (PEB) found you unfit for a preexisting right injuinal hernia, refusal of surgery. After you accepted the PEB findings, your case was finalized on 22 December 1994 and you were discharged on 1 March 1995 with an uncharacterized entry-level separation due to disability, existed prior to entry. After an erroneous DD Form 214 was issued reflecting issuance of severance pay, a DD Form 215 was issued on 7 April 1995 correcting your narrative reason for separation to reflect your disability existed prior to entry. 

The Board carefully considered your arguments that you were not issued severance pay and deserve a General or Honorable characterization of service. You assert that a characterized discharge is appropriate since you completed basic training. Unfortunately, the Board disagreed with your rationale for relief. First, the Board concluded that you were not authorized severance pay based on the PEB finding that your unfitting disability condition preexisted your entry into the Marine Corps and you refused corrective surgery. As pointed out in the previous paragraph, a DD Form 215 corrected your DD Form 214 that erroneously stated you were entitled to severance pay. Second, the Board determined your uncharacterized entry-level separation remains appropriate. Marine Corps regulations direct servicemembers processed for separation within their first 180 days of consecutive active duty to receive uncharacterized entry-level 
separations unless special circumstances exist to warrant issue a characterization of service. The 
Board found your record of service unremarkable when considering whether special circumstances exist to warrant a characterization of service. The Board found no record of extraordinary performance or conduct that would merit consideration of a characterization of service. 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.