DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
 
Docket No. 2029-20 
Ref: Signature Date 
 
Dear , 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code. 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 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 6 April 2021. 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 Navy Personnel Command letter of 16 February 2021 and your response to the opinion. 

You requested correction of your Pay Entry Base Date to 1 October 2012, Active Duty Service Date to 23 December 2013, date of rank to Lieutenant/O-3 to 1 February 2015, and your lineal number to 13242300. Additionally, you requested removal of any statements from your record regarding not being qualified for accession due to a 2009 diagnosis of dysgraphia, to include the 2012 and 2014 findings to that effect, as well as the September 2012 waiver denial and the July 2014 grant of a waiver. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions. However, the Board concluded that you did not meet the physical standards for accession into the Navy Judge Advocate General’s Corps Student Program in 2012 per the Manual of the Medical Department, thereby rendering you ineligible for the aforementioned requested associated corrections to your record. In this connection, the Board substantially concurred with the comments contained in the advisory opinion. 

The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 

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, 
5/4/2021 

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