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 5 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 27 April 1999.  You were dropped from training on 24 June 1999 due to back pain and prescribed rehabilitation treatments.  However, you expressed suicidal ideations due to your Marine Corps obligation and expressed a desire to be released from active duty.  As a result, you were diagnosed with an adjustment disorder on 20 July 1999 and recommended for an entry level separation due to failure to adapt.  You were notified of administrative separation processing on 22 July 1999 for entry level performance and conduct and acknowledged your rights.  On 29 July 1999, you were discharged 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 or an upgrade to a General characterization of service.  You asset your back condition continues to bother you since your discharge from the Marine Corps.  Unfortunately, the Board disagreed with your rationale for relief.  First, the Board found insufficient evidence you were unfit for continued naval service due to your back condition at the time of your discharge.  Medical records show you were rehabilitating your back injury when you expressed your suicide ideation resulting in your adjustment disorder diagnosis and administrative separation for entry level performance and conduct.  In the Board’s opinion, by expressing your suicidal ideation before completing your prescribed course of treatment for your back, you orchestrated your release from the Marine Corps before the Marine Corps had the opportunity to properly treat your back condition.  They concluded insufficient evidence of unfitness due to your back condition exists for that reason and the preponderance of the evidence does not support a finding that the impairment caused by your back condition was permanent or that you would not have returned to duty with proper treatment.  Second, the Board concluded your uncharacterized separation remains appropriate since you were processed for administrative separation within your first 180 days of active duty service.  The Board found no basis for granting your request for a characterized discharge and noted that a General discharge is viewed as a lesser discharge characterization than an uncharacterized entry level discharge.  In current Marine Corps regulations, an uncharacterized entry level separation is described as equating to an Honorable characterization of service.  Therefore, the Board felt it inappropriate to grant your request for a change to your 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.