Docket No: 4109-20 
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  
16 September 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 11 August 1999. You were later evaluated by a medical physician and diagnosed with chronic iron deficiency anemia, and recommended for administrative separation.  On 17 December 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 anemia, severe and unresponsive to therapy.  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.  On 28 December 199, you were so discharged.   
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and to change your narrative reason for separation.  The Board considered your assertion that you are currently receiving medical treatment and compensation, and that you have been denied services and have had services delayed from entities that require a discharge status of at least an honorable characterization of service.  After careful consideration, the Board concluded these factors were not sufficient to warrant relief in your case due to the diagnosed medical condition.  
 
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.  Additionally, the Board noted that as 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, it discerned no impropriety or inequity in your discharge.   
 
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,