Docket No: 2801-20 
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 for Correction of Naval Records, sitting in executive session, considered your application on 9 June 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 28 October 2002.  On 23 January 2003, you were admitted to  Naval Hospital for suicidal ideation.  On 26 January 2003, you were diagnosed with adjustment disorder with mixed anxiety, depressed mood, and anxiety.  Your conditions were not amenable to treatment in a military environment and it was recommended that you be expeditiously separated.  On 11 February 2003, you were notified of administrative separation processing by reason of convenience of the government due to a mental health condition.  You waived your right to counsel and to submit a written statement on your behalf.  On 13 February 2003, your commanding officer directed that you be discharged with an entry level separation.  On 12 March 2003, you were discharged with an entry level separation with an uncharacterized character of service.  
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade the characterization of your discharge and your contention that your discharge should have been eligible for an upgrade six months after the date of discharge.  The Board noted you were evaluated by a qualified mental health provider and diagnosed with two mental health conditions, that if retained, would have placed yourself at an increased risk of self-harm or harm to others.  Therefore, you were expeditiously discharged with 4 months and 15 days active service.  Applicable regulations authorize an uncharacterized entry-level separation if the processing of an individual's separation begins within 180 days of the individual's entry on active service.  The Board determined you were issued a characterization of service in accordance with this regulation.  In regards to your contention, there is no provision of law or in Navy regulations that allows for an automatic re-characterization of service after six months or due solely to the passage of time.   
 
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,