DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 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 case on its merits. A three-member panel of the Board, sitting in executive session, considered your application on 16 September 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. A review of your record shows that you entered active duty with the Marine Corps in March 2007. Prior to commencing active duty, you were medically cleared for entry after stating on your 10 February 2007 entrance physical that you did not suffer from back pain. On 5 May 2007, you were assigned to a remedial medical platoon after suffering a stress fracture to your left foot. On 30 July 2007, you were recommended for administrative separation for fraudulent entry into the Marine Corps after being diagnosed with low back pain and disclosing that you originally injured your back in a 2004 motor vehicle accident. After being notified of administrative separation processing on 8 August 2007, you were discharged from the Marine Corps on 14 August 2007 for fraudulent enlistment and assigned an uncharacterized entry-level separation. The Board carefully considered your arguments that you deserve a disability discharge and Honorable characterization of service. You assert that you were told by your recruiter not to disclose your prior back injury and informed the medical provider during your February 2007 physical that you previously injured your back. Finally, you argue that you did not receive proper medical care in order to expedite your administrative separation from the Marine Corps. Unfortunately, the Board disagreed with your rationale for relief. After reviewing the evidence in your case, the Board concluded the preponderance of the evidence does not support relief. Specifically, despite your assertions that you informed the medical provider during your entrance physical that you suffered a previous back injury and that your recruiter asked you not to disclose any negative medical history, the Board noted that you failed to disclose your previous back condition on your Report of Medical History form. In the Board’s opinion, this supports the Marine Corps’ decision to administratively separate you for fraudulent entry since you intentionally withheld medical information that was likely disqualifying for enlistment in the Marine Corps. Additionally, the Board found no basis for granting you an Honorable characterization of service since you were notified for administrative separation processing while in an entry-level status during your first 180 days of active duty service. The Board took into consideration that you entered the Marine Corps fraudulently when considering your argument that your discharge was expedited to avoid granting you a characterization of service. In the Board’s opinion, you likely benefited from your entry-level status since the Marine Corps, more likely than not, would have assigned you a characterization that was less favorable than an Honorable due to your fraudulent conduct. Therefore, since you did not meet any other the criteria for assignment of a characterized discharge while in an entry-level status, the Board concluded that your uncharacterized discharge remains appropriate and just. The Board was not persuaded by your mitigation arguments that the Marine Corps failed to properly treat your back condition since your back injury preexisted your entry into the Marine Corps and was the basis for your fraudulent entry discharge. 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, 9/17/2021 Deputy Director