From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO Ref: (a) Title 10 U.S.C. 1552 Encl: (1) DD Form 149 1. Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to remove evidence of an erroneous diagnosis, referral to the Disability Evaluation System (DES), change his reentry code to RE-1, and change his narrative reason for separation. 2. The Board, consisting reviewed Petitioner's allegations of error and injustice on 29 August 2019, and pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consisted of the enclosures, relevant portions of the naval records, and applicable statutes, regulations, and policies. 3. The Board, having reviewed all the facts of record pertaining to Petitioner’s allegations of error and injustice, finds as follows: a. Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. b. Petitioner entered active duty with the Marine Corps in September 2016. He previously suffered a left femur injury, which he disclosed as part of his enlistment process. After completing basic training, Petitioner reported the in January 2017. Shortly afterwards, Petitioner reported left thigh pain that was diagnosed as an aggravation of his previous left femur injury. He was prescribed physical therapy that was not productive in resolving his symptoms. As a result, he was medically recommended for an entry level separation for condition not a disability on 3 March 2017. However, notification of administrative separation processing issued on 16 March 2017 utilized entry level performance and conduct as the basis for separation. Petitioner acknowledged his rights and was eventually separated with an uncharacterized entry level separation for performance and conduct on 3 April 2017. c. Post-discharge, Petitioner sought medical treatment for his left leg injury. Further imaging tests revealed his leg injury was likely a femoral neck stress fracture vice an aggravation of his femur fracture. He was prescribed physical therapy to treat his condition. The Department of Veterans Affairs granted a 10% disability rating for his condition effective the date after his discharge. d. Petitioner raised a number of arguments related to the erroneous diagnosis of his left leg condition by the Marine Corps and administrative separation. He asserts that the basis for his administrative separation was flawed primarily because his injury was misdiagnosed and should have been referred to the DES and that he was erroneously separated for entry level performance and conduct. Based on these arguments, he seeks to have the misdiagnosis removed from his record and be referred to the DES so he may have his narrative reason for separation changed or be allowed to return to active duty. He also seeks to receive an Honorable characterization of service based on an injustice argument that he was improperly notified of administrative separation on his 179th day of active duty. CONCLUSION Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice and error warranting relief. Specifically, the Board determined that Petitioner was erroneously separated from the Marine Corps for entry level performance and conduct. After reviewing the medical evidence in the case, the Board concluded that the preponderance of the evidence supports a finding that Petitioner likely suffered from a left femoral neck stress fracture while on active duty. Therefore, based on the medical recommendation that Petitioner’s medical condition interfered with his effective performance of duty, i.e. completion of School of Infantry training, and was not considered a disability condition, the proper course of action in his case was to process him for administrative separation for convenience of the government due to a condition not a disability. The Board found that the preponderance of the evidence did not support a finding that Petitioner’s condition warranted a referral to the DES. Department of the Navy policy is not to retain members on active duty when it is unlikely the member will return to full duty. Active duty members are referred to a medical board when the member’s fitness for continued naval service is questionable due to physical or mental impairment. In Petitioner’s case, there was no medical determination made that he was unlikely to return to full duty or that his injury warranted a referral to a medical board. Additionally, the Board found no evidence to support a finding that his injury was permanently impairing. Based on these factors, the Board determined his injury did not merit a referral to the DES and he was appropriately recommended for administrative separation for condition not a disability based on his inability to effectively complete his military training. Based on the above findings, the Board concluded that Petitioner’s narrative reason for separation must be changed to convenience of the government, condition not a disability to address the Marine Corps’ error in processing him for entry level performance and conduct. Further, as a matter of injustice, the Board felt Petitioner deserved an Honorable characterization of service. However, the Board concluded no further changes to Petitioner’s record were warranted. Specifically, the Board determined that the initial diagnosis for his leg pain was reasonable in light of his medical history and remains an accurate documentation of why the Marine Corps felt the need administratively separate him. In the Board’s opinion, inclusion of the Board’s decision letter in Petitioner’s record effectively corrects any error or injustice created by the erroneous diagnosis in his record. Additionally, the Board concluded that Petitioner’s reentry code remains appropriate based on their finding he suffered from a medical condition that materially interfered with his performance of duty. The Board noted that the RE-3P code is a waivable reentry code and, should he desire to reenlist in the military service, Petitioner may submit medical evidence that his left femoral neck stress fracture has healed and is no longer disqualifying for service. RECOMMENDATION In view of the above, the Board directs the following corrective action. Petitioner’s naval record be corrected by issuing him a DD Form 215 reflecting his narrative reason for separation is “Condition not a Disability” vice “Entry Level Performance and Conduct” and his characterization of service is “Honorable” vice “Uncharacterized.” Petitioner’s separation code and authority will also be changed consistent with the new narrative reason for separation. No other changes are required. 4. It is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above entitled matter. 5. Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulation, Section 723.6(e)) and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of reference (a), has been approved by the Board on behalf of the Secretary of the Navy.