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

Docket No. 10208-18 
Ref: Signature Date

Dear	,

This is in reference to your application for correction of your naval record pursuant to the 
provisions of 10 USC 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 case on its merits. A three-member 
panel of the Board for Correction of Naval Records, sitting in executive session, considered your 
application on 21 March 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 and applicable 
statutes, regulations and policies.

A review of your record shows that you entered active duty with the Navy on 31 August 2000. 
On 14 September 2000, you reported chronic knee pain that existed for years. As a result, you 
were recommended for an entry level separation due to a preexisting knee condition and notified 
of defective enlistment on 21 September 2000. You were discharged on 28 September 2000 with 
an uncharacterized entry level separation.

The Board carefully considered your arguments that you should be issued a disability discharge 
with an Honorable characterization of service. You assert that you were initially issued a 
disability discharge with an Honorable characterization of service that was later changed to an 
entry level separation. Unfortunately, the Board disagreed with your rationale for relief.  Based 
on the evidence presented, the Board found that you were properly issued an uncharacterized 
entry level separation based on your separation for erroneous entry. In order to qualify for 
disability benefits, you must incur or aggravate a disability condition while on active duty. In 
your case, a medical determination was made that you were erroneously enlisted in the Navy 
since you suffered from a history of knee pain. In the Navy's opinion, you did not meet medical 
procurement standards and should never been allowed to enlist based on your medical history of 
chronic knee pain.  Accordingly, the Board felt there was no evidence to find that your condition
was incurred or aggravated by your 14 days of active duty and that the Navy's action in your 
case was supported by the evidence and appropriate. Therefore, the Board found insufficient 
evidence of error or injustice to warrant a change to your record.

Regarding your request for a personal appearance, the Board determined that a personal 
appearance with or without counsel will not materially add to their understanding of the issue(s) 
involved. Therefore, the Board determined that a personal appearance was not necessary and 
considered your case based on the evidence of record.

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,




3/26/2019


Executive Director































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