DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 9179-17 
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 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 for Correction of Naval Records, sitting in executive session, 
considered your application on 6 February 2019. 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 enlisted in the Navy and began a period of active duty on 29 June 1971. Although the Board 
lacked your entire service record book (SRB) it appears from the SRB entries before the Board that 
a medical board found you to have a physical disability that existed prior to enlistment. The 
condition interfered with your potential for performance of expected duties and responsibilities. 

Subsequently, it appears that you were involuntarily processed for entry level separation by reason 
of physical disability. In connection with this processing, you would have acknowledged the 
separation action and the separation authority would have approved a recommendation for 
separation. The record shows that on 12 August 1971, you were discharged with an entry level 
separation by reason physical disability. 

The Board carefully weighed all potentially mitigating factors, including your contention that 
you had no physical disability, that while in boot camp you broke the arches in both feet and 
were medically separated. The Board concluded these factors were not sufficient to warrant 
relief in your case, due to your physical disability. The Board relies on a presumption of 
regularity to support the official actions of public officers and, in the absence of substantial 
evidence to the contrary, will presume that they have properly discharged their official duties. 
Your allegations, unsupported in the record beyond your spousal letter of support, failed to 
overcome that presumption. The Board in its review discerned no impropriety or inequity in the 
discharge. 

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. 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, 

5/15/2019