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

Docket No: 9601-17                
Ref: Signature date 


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 11 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, 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 1 February 1980.  On 18 April 1980, you were the subject of a medical board and diagnosed with Dextro-Scoliosis, symptomatic, which existed prior to your enlistment.  This condition interfered with your potential for performance of expected duties and responsibilities.  As such you were notified of the recommendation for discharge by reason of erroneous entry (enlisted in error), due to failure to meet enlistment physical standards.  Your commanding officer directed an honorable characterization of service and on 23 April 1980, you were so discharged. 

The Board carefully weighed all potentially mitigating factors, including your contention that you think it is discrimination and you were forced to sign the DD Form 214.  The Board concluded these factors were not sufficient to warrant relief in your case, due to your physical condition.  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 failed to overcome that presumption.  The Board concluded that you have not demonstrated that you were the victim of discrimination.  The Board in its review discerned no material error or injustice 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,