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 24 October 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 in September 1965 and served until your discharge at the expiration of your obligated active service in September 1969.  During your active duty period with the Marine Corps, you were diagnosed and treated for pes planus.  On 22 August 1973, you entered active duty with the Navy despite a documented history of pes planus noted on your enlistment physical.  On 31 August 1973, you reported bilateral foot pain due to extended marching and drilling.  As a result of your continued foot symptoms, a medical board diagnosed you with preexisting pes planus and recommended your discharge for erroneous enlistment.  You were discharged on 18 September 1973 for erroneous enlistment with an Honorable characterization of service.  On 18 December 1973, the Department of Veterans Affairs (VA) examined your feet and did not issue a disability rating.  You were later rated by the VA for pes planus in September 2010. 
 
The Board carefully considered your arguments that you deserve to be placed on the disability retirement list.  You assert that your pes planus condition was incurred while in the Marine Corps and should have resulted in disability benefits after your reenlistment in the Navy.  Unfortunately, the Board disagreed with your rationale for relief.  First, the Board determined 
that you were properly discharged for erroneous enlistment based on the medical board diagnosis that your pes planus existed prior to your enlistment in the Navy.  This fact was also documented on your enlistment physical.  Based on these findings and your inability to complete basic training due to your pes planus condition, the Board concluded you did not meet physical standards for induction into the Navy and were erroneously enlisted by the Navy.  For this reason, the Board also determined that you did not qualify for military disability benefits.  Since your condition preexisted your enlistment into the Navy and was not worsened beyond the natural progression of the disability at the time of your discharge, they concluded you were not eligible for military disability benefits.  Second, the Board considered whether you were erroneously discharged from the Marine Corps despite your pes planus condition.  In the end, they concluded the evidence did not support a finding that you were unfit for continued naval service in September 1969.  They based this finding on your unrestricted reentry code upon your discharge on 30 September 1969, your lack of pes planus symptoms in 1973 when you enlisted in the Navy, and the VA’s decision not to issue you a disability rating in December 1973.  All of these factors led the Board to conclude the preponderance of the evidence supports a finding that your pes planus condition did not prevent you from performing the duties of your office, grade, rank or rating while in the Marine Corps.  Your failure to meet Navy induction standards did not persuade the Board that you were unfit at the time of your discharge from the Marine Corps since induction standards are more stringent than the standard for unfitness.  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.