DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 4961-14
6 May 2015
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10, United
States Code, section 1552.
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 for Correction of Naval Records,
sitting in executive session, considered your application on
5 May 2015. 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, your naval record, and applicable statutes, regulations,
and policies.
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps and began a period of active
duty on 13 May 1991. On 12 July 1991, a medical board diagnosed
you with having migraine headaches that existed prior to your
entry into the service. It was recommended that you be separated
from the service. After being afforded all of your procedural
rights, you received an entry level separation due to a physical
disability existing prior to your entry.
The Board, in its review of your record and application,
carefully weighed all potentially mitigating factors, such as
your short period of service, and desire to upgrade your
discharge. Nevertheless, the Board concluded these factors were
not sufficient to warrant a change to your characterization of
service given your diagnosed condition that existed prior to your
service. With regard to your characterization of service, the
Board noted that you were notified of your separation process
within 180 days of the beginning of your period of active
service. Marine Corps regulations authorize an uncharacterized
entry level separation if the processing of a Marine’s separation
begins within 180 days of his entry on active duty. Accordingly,
your application has been denied.
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 and material
evidence within one year from the date of the Board’s decision.
New evidence is evidence not previously considered by the Board
prior to making its decision in your case. 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.
Sincetel
ROBERT J. O'NEILL
Executive Director
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