DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8533-18 Ref: Signature Date Dear Mr. This letter 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 that 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 6 August 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, together with all material submitted in support thereof, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. You enlisted in the Navy on 29 May 1984. On 26 June 1984, an Entry Level Review Board recommended you for an entry-level separation by reason of convenience of the government due to your failure to pass the swim test. That Review Board also determined that you had been in your training company “without making significant progress in [your] adaptation to military life,” you had “accumulated 3 demerits in 2 weeks of training,” and you were “evaluated as non- motivated for further remedial swim instruction.” As a result, you were notified of pending administrative action to separate you from the naval service by reason of entry-level performance/conduct. After you were advised of, and waived, your procedural rights, your commanding officer (CO) recommended an entry-level characterization of service due to entry- level performance/conduct. The discharge authority approved this recommendation and directed an entry-level separation due to entry-level performance/conduct. On 6 July 1984, you were so discharged. The Board carefully weighed all potentially mitigating factors in your case, including your desire to change your characterization of service, change your narrative reason for separation, and your contention that your discharge was unjust because you were not “oriented in the most explicit way.” However, the Board found that these factors were insufficient to warrant changing your characterization of service and narrative reason for separation. The Board also noted that you were notified of your separation processing 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 the individual’s entry on active service. Regarding your contention that your discharge was unjust because you were not oriented in the most explicit way, the Board noted that there is no evidence in your record, and you submitted none, to support your contentions. The Board also noted that you waived your procedural rights, such as your right to consult with legal counsel or submit a statement on your own behalf prior to separation. The record indicates that you were separated due to unsatisfactory performance after having been accorded due process. Accordingly, the Board, in its review, discerned no probable material error or injustice in the discharge. 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.