Docket No: 5487-19                                           Ref: Signature date 

Dear  
 
This letter 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 that 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 20 November 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, as well as applicable statutes, regulations, and policies. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance, with or without counsel, would not materially add to its understanding of the issues involved.  Therefore, the Board determined a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the Marine Corps and began a period of active duty on 4 November 2002.  On 18 February 2003, you were counseled that your physical condition (Vitilgo) interfered with your duties, specifically:  rigorous exercise, conditioning hikes, and field duty.  You were informed that if the condition persisted you could be processed for administrative separation.  On 11 March 2003, administrative discharge action was initiated due to your “physical condition, not a disability.”  After being afforded all your procedural rights, you elected to waive them.  Your commanding officer recommended that you receive an uncharacterized discharge and the separation authority approved your separation from the Marine Corps.  On 10 April 2003, you were discharged with an uncharacterized entry-level separation. 
 
You request the Board upgrade your discharge from general (under honorable conditions) to honorable.  You assert your discharge is an error or unjust because you excelled as a Marine and you were promoted to the rank of E-2 in boot camp.  You claimed you received a general discharge for reasons that were beyond your control including fractures of your first and fifth metatarsals bilaterally, a fractured right tibia, and a skin disorder (Vitiligo) that had never been diagnosed before you entered the military.  Vitiligo caused you to have severe sunburns and put you at increased risk for skin cancer.  You stated the reason you were discharged was not due to misconduct, but merely because you were injured during your time in the service. 
 
The Board carefully weighed all potentially mitigating factors, such as your record of service and contentions and found no error in the records.  With regard to your contention that you received a general (under honorable conditions) discharge due to injuries you sustained on active duty, the Board noted that you actually received an uncharacterized discharge.  You were notified of your separation process within 180 days of the beginning of your period of active service.  Marine Corps directives authorize an uncharacterized entry-level separation if the processing of a Marine’s separation begins within 180 days of active duty.  Additionally, the Board noted your medical records documented bilateral stress fractures, but the reason for your administrative separation was your condition, Vitiligo. 
 
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.