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

Docket No: 6557-19                                                            
Ref: Signature Date 

This is in reference to your application of 25 June 2019 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 7 April 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. 

Regarding your request for a personal appearance, the Board determined that a personal appearance, with or without counsel, would not materially add to their 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 27 January 1998.  Shortly thereafter, it was discovered that you had a history of recurrent shoulder dislocation that existed prior to entry on active duty that you failed to disclose.  A medical examination determined the injury was not incurred or aggravated by military service, and the condition was unlikely to change if you were retained.  On 4 February 1988, administrative discharge action was initiated due to fraudulent enlistment.  On 10 February 1988, you were discharged with an uncharacterized characterization of service. 

You request the Board upgrade discharge to honorable and change your military occupational specialty (MOS).  With respect to your characterization of service, you assert that you enlisted and passed all the physical requirements.  Regarding your MOS, you claim it was 3103 not 9900.  You state that if your MOS cannot be changed to 3103, then you want it changed to 8415.  Lastly, you state that you been in prison for 20 years with no help to try to change anything in your files, but it is your understanding that laws have changed and you may be eligible for disability benefits. 

The Board found no error in the records.  With respect to your contention about your characterization of service, the Board noted that 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.  With respect to your contention that your MOS is incorrect, the Board noted that you were only on active duty for 14 days and did not obtain any MOS training.  Lastly, whether you are eligible for benefits is a matter under the cognizance of the Department of Veterans Affairs (VA).  If you have been denied benefits, you should appeal that denial under procedures established by the VA. 

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, 

4/29/2020