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

Docket No:  0875-19               
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 application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 7 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, as well as applicable statutes, regulations, and policies. 

You enlisted in the Marine Corps and began a period of active duty on 17 October 2000.  On 21 February 2001, nonjudicial punishment (NJP) was imposed on you for unauthorized absence.  On 14 March 2001, you were counseled to obey the directives of all health care providers with regard to your lower back pain.  Subsequently, administrative discharge action was initiated by reason of a condition not a disability due to lower back pain which existed prior to entry.  On 29 March 2001, you were properly notified of the potential characterization of service and then waived both consultation with legal counsel and review of your case by a physical evaluation board.  On 5 May 2001 you were properly counseled on and received an uncharacterized (entry­level) discharge with a reentry code RE-4. 

The Board carefully weighed all potentially mitigating factors, such as your request to upgrade both your discharge and reentry code, as well as your assertions that you were neither properly informed of the characterization of service nor did you know that you could request an upgrade. The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge, given your counseling and medical condition during your entry period.  The Board noted that you were notified of entry level separation within six months of entry and chose not to consult with counsel, where you could have been more informed on the characterization of service. The Board also noted you waived the opportunity for review by a physical evaluation board and to submit statements on your own behalf, when more detailed information about your case was available. 

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,
 
11/19/2019