DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 7442-19 Ref: Signature Date 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 19 December 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 August 1996. You were diagnosed with bilateral patellofemoral pain syndrome on 11 December 1996 and recommended for administrative separation. On 27 December 1996, you were notified of administrative separation processing for condition not a disability based on your patellofemoral pain syndrome condition resulting in your discharge on 16 January 1997 with an uncharacterized entry level separation. The Board carefully considered your arguments that you deserve an upgrade to Honorable. You assert that your characterization of service should be Honorable since the condition for which you were discharge was incurred on active duty. Unfortunately, the Board disagreed with your rationale for relief. Marine Corps Order 1900.16 directs uncharacterized separations for Marines in an entry level status unless certain criteria are met, e.g. misconduct, or when characterization of service as honorable is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of military duty, and is approved on a case-by-case basis by the Secretary of the Navy. In your case, the Board did not find any evidence that you qualified for a characterized discharge based on one of the enumerated exceptions listed in the Marine Corps Order 1900.16. Specifically, the Board found that you were in your first 180 days of active duty service qualifying you for an entry level status and that the circumstances of your administrative separation was similar to many other administrative separations based on a failure to meet Marine Corps physical standards. Absent evidence that you meet one of the exceptions under Marine Corps Order 1900.16, the Board determined you were properly assigned an uncharacterized entry level separation based on an active duty period less than 180 days. 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. Sincerely, 12/26/2019