DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490 SIN
Docket No: 5075-14
15 May 2015
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the 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
12 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 28 December 1993. On 17 April and 5 May 1994, you were
counseled regarding your substandard physical performance, and
warned that further deficiencies could result in administrative
discharge action. On 23 May 1994, you were diagnosed with
chronic cervical strain, that existed prior to your active duty
service. Subsequently, it was directed that you be processed for
separation by reason of erroneous enlistment due to your medical
condition. After being afforded all of your procedural rights,
you were discharged with an entry level separation by reason of
erroneous enlistment on 16 June 1994.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your relatively short
period of service, desire to upgrade your discharge, and belief
that your entry level separation would automatically be upgraded
six months after your discharge. Nevertheless, the Board found
that these factors were not sufficient to warrant changing your
characterization of service given your diagnosed medical
condition that existed prior to your entry. 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. Navy regulations
authorize an uncharacterized entry level separation if the
processing of a Sailor separation begins within 180 days of his
entry on active duty. Finally, you are advised that there is no
provision of law or in Marine Corps regulations that allows for
recharacterization of a discharge automatically after six months
or due solely to the passage of time. 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.
Singeyely,
ROBERT J. O’ NEILL
Executive Director
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