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

Docket No. 1047-21 
Ref: Signature Date 


This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.  
  
A three-member panel of the Board, sitting in executive session, considered your application on 4 March 2021. 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. 

The Board carefully considered your arguments that your narrative reason for separation should be changed to disability or that you should be placed on the disability retirement list.  You provided new evidence that shows one of the drill sergeants in basic training may have been abusive toward recruits.  In addition you provided character letters in support of your application.  Unfortunately, the Board determined the preponderance of the evidence does not support relief.  In making their decision, the Board relied on two specific pieces of evidence that contradicts your assertion that your back condition was the result of an assault by a drill sergeant.  First, the Board noted in your medical record that you reported to medical on the second day of training to complain of back pain.  That report dated 27 October 2004 documents that you had a preservice history of your “back giving out” after an accident in a stockroom.  There was no mention of an assault by a drill sergeant but it mentions that your condition becomes aggravated with physical activity such as running.  Second, counselling notes dated 4 November 2004 from the  Battalion Executive Officer documents that he was informed by you that no verbal or physical abuse occurred while assigned to his unit.  In the Board’s opinion, these two pieces of evidence strongly contradict your assertion that your back condition was the result of an unreported assault by a drill sergeant.  As a result, the Board determined that insufficient evidence exists to change your narrative reason for separation since the medical evidence supports your current narrative reason for separation, i.e. that you entered Marine Corps with a preexisting back condition (L-5 Spondylolysis) that disqualified you from continuing basic training.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.  

The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 

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, 

Deputy Director