DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 4792-19 
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 relevant portions of your naval record and your application, 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. 

A three-member panel of the Board, sitting in executive session, considered your application on 4 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 and applicable statutes, regulations and policies.  In addition, the Board considered the advisory opinion contained in Director CORB letter 1910 CORB: 001 of 27 April 2020; a copy of which was previously provided to you for comment.
 
A review of your record shows that you entered active duty with the Marine Corps in April 2016.  During basic training, you were seen multiple times for seizure symptoms including treatment in July 2016 at a local hospital.  You were eventually diagnosed with a seizure that was not related to epilepsy or a seizure disorder.  After your treatment and release, you were recommended for administrative separation processing on 3 August 2016.  You were notified of administrative separation processing for condition not a disability on 5 August 2016 and discharge on 18 August 2016 with an uncharacterized entry-level separation.  Post-discharge, you were seen for additional seizure symptoms and eventually diagnosed with psychogenic seizures in 2018. 

The Board carefully considered your arguments that you deserve to be placed on the disability retirement list and issued an Honorable characterization of service.  You assert that you did not have a history of seizures and were forced out due to your condition.  Unfortunately, the Board disagreed with your rationale for relief.  In making their findings, the Board substantially concurred with the advisory opinion contained in Director CORB letter 1910 CORB: 001 of 27 April 2020.  Specifically, the Board found insufficient evidence of unfitness for continued naval service due to your seizure symptoms.  As pointed out in the advisory opinion, when you were released from medical care during basic training, you were cleared for duty.  Additionally, there was no medical evidence you suffered from a seizure disorder while on active duty.  While the Marine Corps determined you were unsuitable for continued service due to your condition, it was medically determined that you did not have a disability condition that required your referral to the Disability Evaluation System.  

Regarding your request for an Honorable characterization of service, the Board found your uncharacterized discharge proper since you were discharged within the first 180 days of consecutive active duty.  By regulation, servicemembers who are processed for administrative separation within their first 180 days of consecutive active duty, are designated as entry level separations.  Entry-level separations are required to be issued an uncharacterized discharge unless exceptional circumstances exist that require for an exception to policy determination by the Secretary of the Navy.  After considering your record, the Board found no exceptional circumstances in your case to merit a change to your uncharacterized discharge.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record. 

Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue(s) involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of 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.  

Sincerely,