Docket No: 5160-20            
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 relevant portions of your naval record and your application, 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 5 October 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. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to its understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the Navy and began a period of active duty on 4 December 1990.  In February 1992, a Physical Evaluation Board (PEB) found that you were physically unfit to perform the duties of your office, grade, rank or rating because of a physical condition (ICD9 Number 9534) due to intentional misconduct or willful neglect.  You were discharged from the Navy on 12 March 1992, on the basis of Physical Disability- Willful Neglect, Not Entitled to Severance Pay, and received an honorable characterization of service, a separation code of “JEP” (which corresponds with “Disability, Not in Line of Duty”), and a reentry (RE) code of RE-4. 
 
In your application to the Board, you state that your separation code does not match the reason that you were released.  You assert that you received an honorable discharge straight from medical hold and that “it was not willful neglect.”  You contend that you sustained a traumatic brain injury (TBI) less than a year prior to your discharge, and that with the TBI combined with your learning disability, you did not understand what you were signing.  You state that you do not want severance pay, but you want to file for Veterans Affairs health and compensation pay. 
 
The Board, in its review of your entire record and application, carefully weighed your assertions of error and injustice including your contention that you did not understand the nature of your discharge when you signed your separation paperwork.  The Board also considered that you claim your separation code does not match your narrative reason for separation.  The Board noted that your available record does not reflect your complete administrative separation package.  Nonetheless, based on the PEB findings as documented in the 12 February 1992 letter from the President of the PEB, the Board determined that there is sufficient evidence to support your narrative reason for separation of “Physical Disability- Willful Neglect, not Entitled to Severance pay,” with a corresponding separation code of JEP.  The Board concluded that you did not provide sufficient information to overcome the presumption of regularity that the PEB decision of 1992 was properly relied upon during your discharge proceedings.  Accordingly, the Board found that your discharge as issued does not reflect an error or an injustice that merits corrective action. 
 
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,