Docket No 2560-21
 
Dear   
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  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 insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.          
 
A three-member panel of the Board, sitting in executive session, considered your application on 13 May 2021.  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.  
 
The Board carefully considered your argument for changing your narrative reason for separation to disability.  You assert the Navy failed to follow its regulations since if discharged you without allowing you to comment on your denial of reenlistment.  Unfortunately, the Board again disagreed with your rationale for relief.  In making their decision, the Board concurred with the rationale provided in their previous decision letter of 7 December 2020.  Specifically, the Board found insufficient evidence that you met any of the criteria for a finding of unfitness for continued naval service.  The Board again relied on your own statements from 2007 in which you argued the decision to deny you reenlistment was erroneous since you were performing your duties well and capable of performing “great quality work.”  The Board found this evidence contradictory of your current assertion that you were unable to perform the duties of your office, grade, rank or rating.  Based on the totality of the evidence, including consideration of the VA’s decision to grant you a combined 20% disability rating approximately 13 years after your discharge, the Board concluded that the preponderance of the evidence does not support a finding that you were unfit for continued naval service at the time of your discharge.   
 
Regarding your argument that the Navy failed to follow its regulations since you were not allowed an opportunity to rebut your denial of reenlistment, the Board concluded it lack relevance to your requested relief of a disability discharge.  However, the Board noted that you were assigned a RE-1 reenlistment code at the time of your discharge indicating that you were eligible for reenlistment despite two previous non-recommendation for retention.  So in addition, to the lack of relevance to your request for a disability discharge, the Board concluded any error committed by the Navy in failing to allow you to comment on your denial of reenlistment was cured by their decision to change your reenlistment eligibility status prior to your discharge.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.   
 
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, 
 
5/20/201
Deputy Director