DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
ES
Docket No: 8590-14
7 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
15 April 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.
You enlisted in the Marine Corps on 13 August 1990. Your record
reflects that shortly thereafter you reported having painful
feet, symptoms of which occurred during normal activities of
recruit training. On 23 April 1991, as a result of a medical
evaluation, you were diagnosed with bilateral pes planus which
was symptomatic with military training and recommended for an
administrative separation.
Subsequently, you were processed for separation by reason of a
physical disability that existed prior to enlistment,
specifically, the diagnosed bilateral pes planus. In this
regard, on 5 February 1992, you were honorably discharged by
reason of a physical disability and assigned an RE-3P reentry
code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your period of satisfactory service and desire to have your
narrative reason for separation “physical disability existing
prior to entry” removed from your DD Form 214. Nevertheless,
based on the information currently contained in your record, the
Board concluded these factors were not sufficient to warrant
relief in your case because you provided no evidence contrary to
the Marine Corps’ determination that your bilateral pes planus
was a pre-existing condition. 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.
Sine Ly;
OBERT J. ‘NEILL
Executive Director
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