DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 10967-18                                   
Ref: Signature Date 

This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was 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 application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 18 December 2019.  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, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 

You enlisted in the Navy and began a period of active duty on 8 July 1999.  On 26 August 1999, you were evaluated by a medical physician and were diagnosed with unstable left ankle and recommended for administrative separation.  Although, not all of your administrative separation documentation is in your service record, it appears on 31 August 1999, the discharge authority directed discharge with an uncharacterized entry level separation.  On 8 September 1999, you were so discharged. 

The Board carefully weighed all potentially mitigating factors, such as your request to upgrade your discharge.  The Board considered your contention that you served honorably during your time in service and was unable to complete your service due to an injury that the Veterans Affairs (VA) has recognized as directly related to service.  The Board concluded these factors were insufficient to warrant relief in your case due to the diagnosed medical condition.  Applicable regulations authorize an uncharacterized entry level separation if the processing of an individual’s separation begins within 180 days of the individual’s entry on active service.  Under the totality of the circumstances, the Board discerned no probable material error or injustice in the discharge. 

In regard to your contention concerning the Department of Veterans Affairs (VA) recognizing your injury was due to your service, decisions reached by the VA to determine if former servicemembers rate certain VA benefits do not affect previous discharge decisions made by the Navy.  The criteria used by the VA in determining whether a former servicemember is eligible for benefits are different than that used by the Navy when determining a member’s discharge characterization.
 
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 the 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, 


1/19/2020