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 case on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 5 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.   
 
A review of your record shows that you entered active duty with the Navy in March 1985.  You reported to medical complaining of left arm pain on 1 April 1985 and reported a five year history of left arm pain and limited motion due to a preservice motorcycle accident.  The medical report noted no trauma since entering the Navy and confirmed an old fracture of your left arm.  On 10 April 1985, a medical board diagnosed you with preexisting left elbow pain, status post fracture and recommended you for administrative separation for erroneous enlistment.  You were discharged on 18 April 1985 with an uncharacterized entry-level separation for erroneous enlistment pursuant to the medical board findings. 
 
The Board carefully considered your arguments that you deserve a change to your narrative reason for separation to disability.  You assert that you fractured your arm during basic training and are hampered by your current entry level separation.  Unfortunately, the Board disagreed with your rationale for relief.  After reviewing your record, the Board concluded the preponderance of the evidence supports your erroneous enlistment discharge.  The Board relied on medical evidence in your record to support their findings.  First, your entrance physical notes that you suffered broken bones prior to enlisting in the Navy.  Second, you provided a medical history of five years of left arm pain resulting from your preservice motorcycle accident.  This medical history was confirmed by x-ray evidence that showed an old fracture to your left arm.  Third, a medical board determined your left arm pain preexisted your entry into the Navy based on your medical history.  All of this evidence led the Board to conclude the preponderance of the evidence supports a finding that you entered the Navy with a preexisting left arm condition that should have disqualified you from enlistment.  Since you were allowed to enlist in the Navy despite your condition, the Board determined that you were enlisted erroneously and appropriately discharged after being able to meet physical standards for completion of basic training.  While the Board considered the impact of your current discharge status on your ability to obtain veterans services, they determined the circumstances of your case were not unique and did not amount to an injustice.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.   
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their 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. 
 
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,