Docket No: 3527-20 
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 was 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 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 21 March 2000.  On 12 June 2000, you were diagnosed with Depressive Disorder Existing Prior to Enlistment.  Subsequently, administrative separation action by reason of Erroneous Enlistment, was initiated against you.  On 15 June 2000, you waived counsel and the right to submit statements. On 16 June 2001, the Separation Authority directed you be administratively separated with an Entry-Level discharge.  On 21 June 2000, you were discharged with an Entry-Level discharge.   
 
You requested an upgrade of your discharge to Honorable. In your request, you stated that you were told that, six months after separation, the character of service and narrative reason would be changed.  You asserted you were medically discharged after falling down the stairs at basic and diagnosed with fibromyalgia.  The Board concluded this assertion was not sufficient to warrant a change to your discharge status, given your diagnosis and the fact you served fewer than 180 days.  The Board noted that you waived your rights with regard to discharge proceedings.  By doing so, you waived your first, and best, opportunity to advocate for retention, or a more favorable characterization of discharge.  Further, there is no provision of law or in Navy regulations that allows for re-characterization of service 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,