Docket No: 2506-19
Ref: Signature Date                            

 
Dear  
 
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 application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 23 November 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 to include the 25 July 2018 Under Secretary of Defense Memo on Guidance to Military Discharge Review Boards and Boards for Correction of Military / Naval Records Regarding Equity, Injustice, or Clemency Determinations. 
  
You enlisted in the Navy and began a period of active duty on 9 October 1984.  Based on your Certificate of Release or Discharge from Active Duty (DD Form 214), it appears you served without incident until you were, honorably released from active duty on 1 August 1986, due to Pregnancy/Childbirth and transferred to the Navy Reserve.  On 8 October 1990, you were, discharged from the Navy with an honorable characterization of service.  Your original service record was incomplete and did not contain any documentation pertaining to your separation from the Navy.  Absent such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law/policy and in good faith. 
  
The Board carefully weighed all potentially mitigating factors, such as your record of service, and desire to have your narrative reason for separation changed to a “hardship” discharge. The Board also considered your assertion that you requested to leave the Navy when you were approximately eight months pregnant, not knowing that if you had served two more months, you would have been eligible for health care benefits at the Department of Veterans Affairs (DVA).   
Additionally, the Board considered your contention that your reason for leaving the Navy was because your husband was stationed on a ship and would be deployed often, and you were the sole caretaker of your child, with no family in the area where you were stationed.  The Board concluded these factors and assertions were not sufficient to warrant a change to your narrative reason for separation. With regard to your request for a “Hardship” discharge, the Board noted that you provided no evidence to support that you suffered any type of hardship.  Additionally, whether or not you are eligible for benefits based on your period of service is a matter under the cognizance of the DVA.  If you have been denied benefits, you should appeal that denial under procedures established by the DVA. 
 
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,