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

Docket No. 894-19
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 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 25 July 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 on 23 June 1986.  You were diagnosed with bilateral high frequency sensorineural hearing loss on 25 June 1986; a condition you reported during your enlistment physical.  On 1 July 1986, a medical board recommended your administrative separation for erroneous enlistment based on your hearing condition.  The same day, you requested to be administratively separated for erroneously enlistment based on the medical board findings.  On 3 July 1986, you were notified of administrative separation processing for erroneously enlistment and discharged with an uncharacterized entry-level separation on 15 July 1986.   

The Board carefully considered your arguments that you deserve a change to your narrative reason for separation and an honorable characterization of service.  You argue that your enlistment was not erroneous since you were in a delayed entry program and wanted to enlist.  Additionally, you assert that you disclosed your hearing condition to the Navy.  Unfortunately, the Board disagreed with your rationale for relief.  First, the Board concluded you were properly discharged for erroneous enlistment after a medical determination was made that your bilateral hearing condition was not suitable for naval service.  The erroneous enlistment determination is based not on your decision to enlist but the Navy’s determination that you were allowed to enlist with a disqualifying physical condition.  The Board found the Navy’s decision, to separate you at the convenience of the government for erroneous enlistment, reasonable and supported by the medical evidence of your preexisting hearing loss.  Second, the Board found your uncharacterized discharge proper since you were discharged within the first 180 days of consecutive active duty.  By regulation, servicemembers who are processed for administrative separation within their first 180 days of consecutive active duty, are designated as entry level separations.  Entry-level separations are required to be issued an uncharacterized discharge unless exceptional circumstances exist that require for an exception to policy determination by the Secretary of the Navy.  After considering your record, the Board found no exceptional circumstances in your case to merit a change to your uncharacterized 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.   
      
Sincerely,