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

Docket No: 1567-21 
Ref: Signature Date 

Dear : 

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.
 
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 28 April 2021. The names and votes of the panel members 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 the 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, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo).
 
You enlisted in the Marine Corps Reserve on 18 May 1976. On 1 June 1976, you received a physical examination and was diagnosed with derangement, internal, and knee bilateral that existed prior to enlistment (EPTE). On 4 June 1976, a Medical Board (MB) determined you suffered from derangement, internal, and knee bilateral that EPTE resulting from playing football in 1972. The MB noted that you admitted to not telling your recruiter about the injury but you did informed the Military Entrance Processing Station (MEPS) examiners and were found fit for military service. As a result of your injury, the MB determined you were not fit for military service and did not meet minimum standards for enlistment into the Marine Corps Reserve. Subsequently, you were notified of pending administrative separation action by reason of convenience of the government (COG) due to enlisted in error/failure to meet enlistment standards. The discharge authority approved and directed that you be discharged with an honorable characterization of service by reason of COG due to enlisted in error/failure to meet enlistment standards. On 10 June 1976, you were discharged. 
 
The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo. These included, but were not limited to, your desire to remove all negative information from your record and contentions that you need Department of Veteran Affairs (DVA) benefits and your discharge was a deliberate attempt to discredit you and prevent you from receiving benefits. 

Regarding your contention that you need DVA benefits, the Board noted that your eligibility for benefits is a matter under the cognizance of the DVA, and you should contact the nearest office of the DVA concerning your right to apply for benefits. The Board also noted that there is no evidence in your record, and you submitted none, to support your contention that your discharge was a deliberate attempt to discredit you and prevent you from receiving benefits. 

Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief. Specifically, the Board determined that your diagnosed derangement, internal, and knee bilateral that EPTE, outweighed these mitigating factors. Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief. 

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, 
5/4/2021 

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