DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 9899-18 Ref: Signature Date Dear This is in reference to your application for correction of your 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 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 case on its merits. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 March 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 and applicable statutes, regulations and policies. A review of your record shows that you entered active duty with the Navy in March 1981. While attending “C” school, you were counselled that your Pseudofolliculitis barbae condition interfered with your performance of duty. As a result, you were discharged for condition not a disability on 12 November 1981 with an Honorable characterization of service. The Board carefully considered your arguments that you deserve disability retirement benefits as a result of the Navy’s decision to administratively separate you. You assert this was a discriminatory action by the Navy and entitled you to retirement benefits. Unfortunately, the Board disagreed with your rationale for relief. Pseudofolliculitis barbae is defined as a condition that is not a disability under SECNAVINST 1850.4, Appendix A. Under Navy regulations, if the condition interferes with the performance of your duties, it may form the basis for an administrative separation for the convenience of the government. Based on the counselling statement in your record that documented that the condition interfered with the performance of your duties, the Board concluded the Navy properly used your condition as a reason to administratively separate you for condition not a disability. Additionally, since Pseudofolliculitis barbae is not considered a disability condition under the disability regulations, the Board found no basis to change your narrative reason for separation to disability or to award any retirement benefits based on the Navy’s actions. Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record. It is regretted that the circumstances of your 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 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, 3/26/2019 Executive Director