DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 9380-17 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 28 January 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 service on 30 June 1983. On 23 February 1983, you underwent a pre-enlistment medical examination. Your report of medical examination notes in Block 74, “Has been disqualified 2 years ago-high frequency neurosensory hearing loss”. Your Report of Medical History, note in Block 25: “Hearing loss: had listened to rock and roll and has stopped - hearing improved”. On 6 July 1983, you received a medical examination, you were diagnosed with high frequency sensorineural hearing impairment, which was determined to neither be incurred or aggravated by military service. The medical board recommended you for separation by reason of enlisted in error. You declined to submit a rebuttal. On 24 August 1983, you were discharged with an entry level separation by reason of defective enlistments and inductions-erroneous enlistment. The Board carefully weighed all potentially mitigating factors, such as your desire to change your service characterization at discharge and change your reason for separation. You contend, that you passed a test at MEPS, you were given only one manual test at RTC before making a decision, you were told to report back to a recruiter and get a waiver, and you worked in the Sheriff’s Department from 1984-1989 with no apparent hearing problems. The Board determined that these factors were not sufficient to warrant relief upon review of your preenlistment medical examination which documents a pre-service hearing condition. Given the review and recommendation by the medical board, the discharge of erroneous enlistment was not found to be an error. The Board in its review discerned no impropriety or inequity in your discharge or the service characterization. It is regretted that the circumstances of your case are such that favorable action cannot be taken at this time. You are entitled to have the Board reconsider its decision upon the submission of new and material evidence. New evidence is evidence not previously 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, 4/29/2019