Docket No: 4707-20 
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 4 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 on 25 November 1980.  According to the information in your record, on 20 December 1981, you were counseled on the advantages of immediate reenlistment and you indicated that you had no intentions on reenlisting.  Your record did not contain all of the information pertaining to your separation from the Navy.  Absent of such evidence, the Board relies upon the presumption of regularity and presumes that the officials acted in accordance with governing law/policy and in good faith.  Apparently, at some point, you received a medical examination, which determined you were pregnant.  As a result, you requested to be discharged from the Navy due to pregnancy.  Your discharge was approved, and you were discharged with an honorable characterization of service and a narrative reason for separation as pregnancy on 20 December 1981.   
 
The Board carefully weighed all potentially mitigating factors, such as your desire to change your narrative reason for separation to “extenuating circumstance” based on your contention that the reason for your separation was actually because your husband had a cancerous tumor, and your superiors told you that a pregnancy discharge would be the fastest way to get out the Navy; and discharge was the only choice you were given.  The board also considered your assertion that the Department of Veteran Affairs (DVA) originally approved your benefits but later said you were not eligible.   
 
The Board noted that there is no evidence in your record, and you submitted none, to support your contention that discharge was the only choice you were given.  Regarding your contention that the DVA originally approved your benefits but later said you were not eligible, the Board advises that whether you are eligible for DVA benefits, is a matter under the cognizance of the DVA.  If you have been denied benefits, you may be able appeal that denial under procedures established by the DVA.   
 
The Board found that you received the correct narrative reason for separation based on your request to be discharged due to pregnancy.  The Board ultimately concluded that the factors presented were not sufficient to warrant changing your narrative reason for separation. 
 
You also requested a name change to .  However, the Board did not find the existence of an error or injustice warranting corrective action to your Certificate of Release or Discharge from Active Duty (DD Form 214) to support your request for a name change.  Unfortunately, the Board is only authorized to consider applications for name changes to a Petitioner’s DD Form 214 to correct an error or an injustice.  As your military record now stands, there are no material errors with your legal name as reflected during your Navy service and at the time of your discharge.  Because a DD Form 214 is not a “living” document that is updated with subsequent post-service name changes, and given that your name at the time of both your enlistment and discharge from the Navy was “,” the Board did not find evidence of an error or injustice that warrants changing your DD Form 214 to reflect your current post-discharge legal name. 
 
In reviewing your separation and characterization of service, the Board considered the totality of the circumstances to determine whether relief is appropriate today in the interests of justice in accordance with guidance provided by the Under Secretary of Defense for Personnel and Readiness (Wilkie Memo of 25 July 2018).    However, even in light of the USD Memo, the Board still concluded given the totality of the circumstances, your request does not merit relief. 
 
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,