Docket No: 4661-19 
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 9 June 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 on 24 June 1996.  According to the information in your record, on 17 July 1996, after a physical evaluation, you were diagnosed with a partial bone cyst that existed prior to your enlistment (EPTE) in the Marine Corps.  It was noted that your condition was not documented on the Military Entrance Processing Station (MEPS) physical.  The 17 July 1996 evaluation determined that you did not meet the minimum standards for enlistment, and the injury was not aggravated by active military service.  The evaluation also noted that your condition was unlikely to change in the future.  As a result, you were recommended for an entry-level separation.  Subsequently, you were notified of pending administrative separation action by reason of defective enlistment/erroneous induction.  After you waived your rights, your commanding officer (CO) recommended an uncharacterized separation due to defective enlistment/erroneous induction.  The discharge authority approved this recommendation and directed an entry-level separation due to defective enlistment/erroneous induction.  On 26 July 1996, you were discharged. 
 
The Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to rebut the presumption, to include evidence submitted by the Petitioner, the Board presumed that you were properly discharged from the Navy. 
 
The Board carefully weighed all potentially mitigating factors such as the letter of support from your father, your desire to upgrade your characterization of service, and your contentions that there was no previous medical evidence that your knee condition existed prior to your enlistment and your knee issues started during recruit training.  The Board also noted your contention that you passed all physical and intelligence testing required to join the Marine Corps.  However, the Board found that these factors were not sufficient to warrant characterizing your service. 
 
In regard to your contentions that there was no previous medical evidence that your knee condition existed prior to your enlistment, that your knee issues started during recruit training, and that you passed all physical and intelligence testing required to join the Marine Corps, the Board found that even if all of these contentions are true, after a physical evaluation you were diagnosed with a condition that prevented you from meeting the minimum standards for enlistment into the Marine Corps.  Finally, the Board noted that you were notified of your separation processing within 180 days of the beginning of your period of active service.  Applicable regulations authorize an uncharacterized, entry-level separation if an individual’s separation processing begins within 180 days of the individual’s entry on active service. 
 
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, 
 
                                                                             7/9/2020