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

Docket No. 7805-19 
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 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 7 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 and applicable statutes, regulations and policies.

A review of your record shows that you entered active duty with the Marine Corps in December 2003. You were diagnosed with a hernia condition on 12 December 2003 and eventually returned to duty on 21 January 2004 after treatment. On 5 February 2004, you were diagnosed with a left tibial stress fracture and dropped to a medical rehabilitation platoon. While recovering from your stress fracture, you were involved in three incidents of misconduct on 20 February 2004. As a result, you were notified of administrative separation processing on 25 February 2004 due to minor disciplinary infractions. On 11 March 2004, you were discharged with an uncharacterized entry level separation for entry level performance and conduct.

The Board carefully considered your arguments that you deserve a change to your narrative reason for separation to disability. You assert the reason you were discharged was for an ankle injury and it never healed properly. Unfortunately, the Board disagreed with your rationale for relief. The Board determined the preponderance of the evidence supports your administrative separation for entry level performance and conduct. While you were recovering from a left leg injury, the Board found documented evidence that you were involved in three minor disciplinary incidents that including disrespect toward your drill sergeant, a staff sergeant, and medical personnel. Additionally, the Board did not find evidence that you were unfit for continued naval service at the time of your discharge from the Marine Corps. Therefore, based on your documented misconduct, the Board concluded you failed to meet entry level performance and conduct standards for retention in basic training. Finally, the fact you may be currently suffering from symptoms from your left leg injury did not convince the Board your narrative reason for separation was erroneous since post-discharge service connected disability care and compensation fall under the purview of the Department of Veterans Affairs. 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,