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

Docket No. 630-18 
JUL 30 2018 

Dear 

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions of 10 USC 1552. After careful and conscientious consideration of the entire record, 
the Board found the evidence submitted was insufficient to establish the existence ofprobable 
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 case on its merits. A three-member 
panel ofthe Board for Correction ofNaval Records, sitting in executive session, considered your 
application on 12 July 2018. The names and votes of the members of the panel will be furnished 
upon request. Your allegations oferror 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 ofyour application, together with all 
material submitted in support thereof, relevant portions of your naval record and applicable 
statutes, regulations and policies. 

A review of your record shows that you entered active duty with the Navy on 21 June1991. 
Shortly after commencing active duty, it was revealed that you had a family history of malignant 
hyperthermia (MH). A determination was made by the Navy that a muscle biopsy was required 
to rule out MH before allowing you to continue on active duty. After you declined to have a 
biopsy performed, the Navy processed you for administrative separation for erroneous enlistment 
due to your failure to meet enlistment standards. On 11 September 1991, you were discharged 
with an uncharacterized entry level separation due to erroneous enlistment. 

The Board carefully considered your arguments that you deserve a disability discharge based on 
the circumstances of your separation from the Navy. You mention that you were held in a 
medical holding company and told you would receive a "medical" discharge. Unfortunately, the 
Board disagreed with your rationale for relief. The Board found no error with the Navy's actions 
in your case. There is no dispute that you were a potential carrier of MH; a potential condition 
that existed prior to your entry into the Navy. As a result, the proper basis for your separation 
was erroneous enlistment because you were not medically qualified for enlistment as a potential 
sufferer ofMH. As a result, the Board concluded that you were properly processed and 
separated for erroneous enlistment since the Navy made an error in allowing you to enlist. The 
Board also determined that to change your narrative reason to disability would potentially create 
an incorrect record since there is no evidence you actually suffered from MH. 

It is regretted that the circumstances ofyour case are such that favorable action cannot be taken 
at this time. You are entitled to have the Board reconsider its decision upon the submission of 
new and material evidence. New evidence is evidence not previously considered by the Board. 
In this regard, it is important to keep in mind that a presumption ofregularity 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 ofprobable material error or injustice. 

Sincerely, 


Executive Director