Docket No 2441-20

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 3 June 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 Office of the Chief of Naval Operations memo 7431 Ser N130C2/20U1427 of 16 September 2020 and your response to the opinion. 
 
On 19 March 1968, you entered active duty for 4 years.  On 22 May 1968, you were assigned as a patient to U.S. Naval Hospital, .  On 7 June 1968, you were honorably discharged as an SR/E-1 from the Naval service by reason of Physical Disability (Diagnosis: Anxiety Reaction, Chronic existing prior to entry on active duty established by medical board.). 
 
You requested an increase in rank to an E5 Petty Officer Second Class allowing an opportunity for pay grade between 1972-1976 to appear on your DD214N for hazardous duty; 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 were discharged from the Navy on 7 June 1968.  There is no evidence in your record, nor did you provide any, that you served on active duty during the years of 1972 to 1976.  In this connection, the Board substantially concurred with the comments contained in the advisory opinion.   
    
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, 
     									 6/24/2021
									 Deputy Director