Docket No: 5308-20             
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 10 August 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, as well as applicable statutes, regulations, and policies. 
 
You were commissioned in the Navy and served a period of active duty from 22 May 2009, through 31 December 2010.  You were discharge on the basis of Secretarial Authority (separation code JFF).  You subsequently transitioned into the Navy Reserve component where you continued to serve until you requested to voluntarily resign your commission as an officer, effective 22 May 2017. 
 
In your application for consideration, you ask that your narrative reason for separation and a change to your separation code.  You state that your Certificate of Release or Discharge from Active Duty (DD Form 214) was issued when you were honorably discharged early, after attempting to re-designate for reasons outside of your control, specifically that there were no active duty positions available for a junior officer at the time.  You contend that your current narrative reason for separation and your current separation code prevent you from using your Veterans Affairs (VA) Loan Benefits.  You state that you served for two years of active duty and six years of reserve duty, and would like to be able to access the VA home loan benefits for your growing family. 
 
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, and noted your length of active duty and reserve service to the Navy.  However, the Board found that your narrative reason for separation and the corresponding separation code appear to have been issued without error at the time of your discharge from active duty on 31 December 2010.  The Board noted your claim regarding a lack of entitlement to the VA home loan benefit due to the nature of your discharge, but found that the VA’s determination of eligibility for the VA home loan benefit does not establish an error or injustice in your discharge from active duty.  The Board found that your DD Form 214 appears to accurately and justly reflect the nature of your discharge from active duty on 31 December 2010, and that no corrective action is warranted. 
 
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 the 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,