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

Docket No: 3941-19 Date: 
Ref Signature 

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 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 11 June 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. 

You enlisted in the Navy and began a period of active duty on 14 October 1982.  On 1 March 1983, your record notes you did not meet the established physical standards for the nuclear field due to defective auditory acuity of your right ear.  Subsequently, your request for a waiver for the nuclear field was not granted.  As a result of the foregoing, on 17 June 1983, you submitted a request to change ratings.  On 9 December 1983, your request for rate change was approved, however, you withdrew your request for rate change, and submitted a request administrative separation.  On 4 January 1984, you were discharged with an honorable characterization of service by reason of enlisted in error.
 
The Board carefully weighed all potentially mitigating factors, such as your desire to change your separation code, and narrative reason for separation.  You contend, you were discharged as a result of a disability that the Navy was aware of at the time of your enlistment.  After careful consideration of your contentions, the Board did not find evidence of an error or injustice that warrants adjustment to your 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 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,