Docket No: 10001-18 Ref: Signature Date Dear This letter is in reference to your application of 14 August 2018 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 for Correction of Naval Records (Board) found that 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, sitting in executive session, considered your application on 24 September 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 13 February 1991. During the period from 6 to 24 March 1991, you received several counseling’s on constantly being disruptive during training, unwilling to follow orders, problems with accepting authority, and your total disregard to military authority. As a result, you received a psychiatric evaluation and was recommended for separation. Subsequently, you were notified of pending administrative action to separate you from the naval service by reason of entry-level performance/conduct. You waived your right to submit statements and consult with an attorney. Your commanding officer (CO) noted that you “clearly demonstrated [your] unsuitability for further naval service,” and recommended an uncharacterized characterization of service due to entry-level performance/conduct. The discharge authority approved this recommendation and directed an entry-level separation due to entry-level performance/conduct. On 5 April 1991, you were so discharged. The Board carefully weighed all potentially mitigating factors in your case, including your desire to change your characterization of service and contentions that you were discharged as a result of injuring your back during Basic Training and you need treatment for your back. However, the Board found that these factors were not sufficient to warrant changing your characterization of service. Regarding your contention that you were discharged as a result of injuring your back during Basic Training, the Board noted that the record contains documented evidence which is contrary to your contention. The record clearly shows that on 26 March 1991, you were recommended for separation after receiving a psychiatric evaluation due to your inability to accept authority, work as a team, and displaying a lack of self-discipline. The Board also noted that you were notified of your separation processing within 180 days of the beginning of your period of active service. Applicable regulations authorize an uncharacterized entry-level separation if the processing of an individual’s separation begins within 180 days of the individual’s entry on active service. Regarding your contention that you need treatment for your injured back, whether or not you are eligible for treatment from the Department of Veteran Affairs (VA), is a matter under the cognizance of the VA, and you should contact the nearest office of the VA concerning your right to apply for benefits. If you have been denied benefits, you should appeal that denial under procedures established by the VA. 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 the 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.