DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 7236-14
30 July 2015
Dear
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 ina 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
8 July 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 November 1990. You were the subject of a physical
evaluation after injuring your left shoulder while rope
climbing. You stated in part, you had previously injured your
left shoulder while playing basketball six months Prior to
enlistment. You were diagnosed with brachial plexus contusion a
condition that existed prior to enlistment. The diagnosed
condition interfered with your potential for performance of
expected duties and responsibilities. You were notified of the
recommendation that you be discharged due to a condition, nota
disability. Subsequently, your commanding officer directed an
uncharacterized entry level separation. On 29 January 1991, you
were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your discharge. Nevertheless, the Board
concluded these factors were not sufficient to warrant relief in
your case, which was based on your diagnosed condition.
Further, the Board noted that you were notified of your
separation process within 180 days of the beginning of your
period of active service. Applicable regulations authorize an
uncharacterized entry level separation if the processing of an
individual's separation begins within 180 days of 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.
Sincerely,
ROBERT J. O'NEILL
Executive Director
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 June 2015. New evidence is evidence not previously considered by the Board prior to making its decision in your case. 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.
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