Dear ,  
 
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 case on its merits.  A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 February 2020.  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 on 20 April 1993.  On 10 June 1993, you complained of low back pain and disclosed a preservice back injury sustained lifting weights in high school.  A medical board diagnosed you with spondylolisthesis, a condition that existed prior to your entry into the Navy and was not aggravated by your service, on 8 July 1993.  You were recommended for administrative discharge for erroneous enlistment for failing to meet induction standards.  On 29 July 1993, you were discharged for erroneous enlistment with an uncharacterized entry level separation.   
 
The Board carefully considered your arguments that you deserve a change to your narrative reason for separation to disability.  You assert that you should receive a disability discharge since you injured your back during basic training.  Unfortunately, the Board disagreed with your rationale for relief.  In order for a service member to qualify for a disability discharge, the member must incur a disability condition while on active duty or aggravate a preexisting disability condition while on active duty.  The Board concluded your back injury preexisted your entry into the Navy based on your medical history that documents a high school back injury that resulted in chronic back pain.  Further, the Board concluded your disability condition was not 
aggravated by your brief period of active duty since there was insufficient evidence to support a finding that your back condition had progressed beyond it natural progression at the time you were discharged from the Navy.  Based on these findings, the Board determined you were appropriately discharged for erroneous enlistment since you did not meet induction standards due to your back condition.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.   
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue(s) involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
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 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.