Docket No. 8005-19 
Ref: Signature Date 

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 relevant portions of your naval record and your application, 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, sitting in executive session, considered your application on 9 July 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.  In addition, the Board considered the advisory opinion contained in Director CORB letter 1910 CORB: 001 of 14 May 2020; a copy of which was previously provided to you for comment. 

A review of your record shows that you entered active duty with the Navy on 28 August 1984.  On an entrance physical dated the same day, an audiogram test documents that you failed to meet hearing threshold standards at the 3000 frequency level with a 50 dB result.  Subsequent audiogram tests conducted on 19 September 1984 and 24 January 1985 also document audiogram tests that show you failed to meet hearing thresholds at various frequency levels.  Based on documented hearing issues in your right ear that were disqualifying for enlistment, the Navy discharged you 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 your hearing prior to enlistment showed no abnormalities indicating that your hearing issues were incurred while on active duty. Unfortunately, the Board disagreed with your rationale for relief.  In making their findings, the Board substantially concurred with the advisory opinion in your case.  Specifically, the Board concluded that the preponderance of the evidence supports the Navy’s decision to discharge you for erroneous enlistment based on evidence you did not meet induction standards for enlistment due to your right ear hearing issues.  The Board agreed with the advisory opinion that your right ear hearing did not meet the qualification requirements for enlistment based on your 50 dB result at the 3000 frequency level since that frequency requires at least a 35 dB result.  Since this audiogram test was conducted or recorded on the day you commenced active duty, the Board concluded your condition preexisted your entry into the Navy and disqualified you from enlistment.  Based on this finding, the Board determined that you were appropriately discharged for erroneous enlistment and do not qualify for a disability discharge.  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.  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.  

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