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

Docket No. 1051-20 
Ref: Signature Date 

This letter 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 case on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 12 March 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, as well as applicable statutes, regulations, and policies. 

A review of your record shows that you entered active duty with the Navy on 31 March 1998.  You were diagnosed with racemose hemangiomotis on 19 May 1998 and recommended for an entry level separation due to erroneous enlistment for failing to meet induction standards.  On 20 May 1998, you were notified of administrative separation proceedings and discharged on 27 May 1998 with an uncharacterized entry level separation.  Post-discharge, the Department of Veterans Affairs (VA) rated you for disability conditions related to your feet and left knee. 

The Board carefully considered your arguments that you deserve a change to your narrative reason for separation to that of disability.  You assert that you are rated by the VA and unable to qualify for a VA loan guarantee due to lack of qualifying service.  Unfortunately, the Board disagreed with your rationale for relief.  First, the Board concluded the preponderance of the evidence supports your administrative separation for failing to meet medical/physical procurement standards for enlistment.  You were diagnosed with a preexisting irregular blood vessel in your eye on 19 May 1998 that served as the basis for your administrative separation.  Since you possessed a preexisting disability condition that was disqualifying for enlistment, the Board determined the Navy appropriately discharged you for failing to meet induction standards for enlistment.  Second, the Board was not persuaded by your VA rating that you were unfit for continued naval service due to those conditions.  The Board found that the evidence did not support a finding that you were unable to perform the duties of your office, grade, rank, or rating in 1998 due to foot or knee issues.  That the VA decided to grant you a service connection for those disability conditions was determined not to be probative on the issue of unfitness.  Eligibility for compensation and pension disability ratings by the VA are tied to the establishment of service connection and are manifestation-based, without a requirement that unfitness for military duty be demonstrated.  Third, the Board concluded that your inability to qualify for a VA loan guarantee was insufficient reason to grant you a disability discharge.  The Board found that the circumstances of your discharge are similar to countless of other former servicemembers who are also ineligible for VA loan benefits due to an erroneous enlistment discharge during basic training.  Absent evidence that the circumstances of your erroneous enlistment discharge case is unique, the Board found no injustice to merit the relief you request.  Accordingly, the Board found no probable material 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 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, 

4/18/2020