Docket No: 2539-20
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 18 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. 
 
You enlisted in the Navy and began a period of active duty on 18 October 1999.  In November 1999, you were evaluated by a medical physician and diagnosed with crushing soft tissue injury of the left foot, and recommended for administrative separation.  On 16 November 1999, you were notified of administrative action to separate you from the naval service by reason of convenience of the government due to physical or mental condition evidenced by a crushed left foot.  You were advised of, and waived your procedural rights, including your right to consult with military counsel.  The separation authority then directed your administrative discharge from the naval service with an uncharacterized entry-level separation by reason of failed medical/physical procurement standards and assigned an RE-4 (not recommended for retention) reenlistment code.  On 24 November 1999, you were so discharged.   
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to change your reenlistment code.  The Board considered your contention that you were not given the opportunity to reenlist once your injury was healed; you had an injury prior to enlistment and during basic training, and it became worse.  You contend that the RE-4 code hinders your qualification to be qualified for “VA medical and benefits.”  You further assert that you have had lifelong issues with your foot and now your back.  After careful consideration, the Board concluded these factors were not sufficient to warrant relief in your case due to the diagnosed medical condition, and, discerned no impropriety or inequity in the discharge. 
 
The Board advises that decisions by the Department of Veterans Affairs (VA) to determine if former service members rate certain VA benefits do not affect previous discharge decisions made by the Navy.  The criteria used by the VA in determining whether a former service member is eligible for benefits are different from that used by the Navy when determining a member’s characterization of service or reenlistment code.   
 
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,