DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 10838-18 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 for Correction of Naval Records (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 (Board), sitting in executive session, considered your application on 19 August 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. In January 2003, you signed an enlistment contract and agreed to serve eight years in the Navy Reserves, four of which were to be on active duty. Your contract specified a report date of 18 August 2003. You began a period of active duty on 18 August 2003. On 2 September 2003, after approximately two weeks at boot camp, you were seen by Medical for abdominal pain. You reported that you received treatment in June 2003 for adhesions around your uterus and liver. Although Medical noted you still had adhesions, you stated that 90% of them had been removed. Your service record reflects a 5 September 2003 in service diagnosis of severe pelvic adhesions that were determined not to be correctable to meet Navy Standards. On 1 October 2003, you were notified of administrative separation proceedings against you. You were discharged from the Navy on 3 October 2003, on the basis of Erroneous Entry (Other) and received an uncharacterized entry level separation. In your petition to the Board, you request a change to your Certificate of Release or Discharge from Active Duty (DD Form 214) to reflect a Medical Discharge with pay. Your application also infers that you would like back pay and compensation associated with a Medical Discharge from the Navy as of 31 October 2003. You state that while you were in the Navy, a chief took the time to make sure you would go home “with all (your) benefits and be covered with whatever (you) would need assistance with for (the) rest of (your) life.” You contend that your current uncharacterized entry level separation without benefits is erroneous and unjust, and that you should have received an honorable medical discharge with pay. The Board carefully reviewed your application and the information reflected in your service record. The Board noted that your DD Form 214 has a narrative reason for separation of “Erroneous Entry” which indicates that you had a pre-service medical condition. The diagnostic notes of 5 September 2003, state that Medical felt that the pre-existing condition was not correctable to meet Navy Standards. Accordingly, Commanding Officer, Recruit Training Command processed you for separation due to erroneous entry into military service as evidenced by severe pelvic adhesions. Your administrative separation paperwork reflects that you were notified of separation proceedings within 180 days of the start of your active duty service, thereby qualifying you for an uncharacterized discharge. The Board concluded that you were not processed for medical retirement; rather, you were discharged due to defective enlistment and induction due to a pre-existing medical condition that was disclosed to Medical within the first two months of Naval service. The Board considered that you state you were told by a chief that you would receive an honorable medical discharge with life-long benefits. The Board noted that even if the chief made such a statement, the chief did not have the authority to either process you for a medical discharge or grant you lifelong benefits associated with a pre-existing medical condition. That Board determined that you were administratively separated for non-service connected pelvic adhesions that were not disclosed prior to your start of active duty, and that your uncharacterized entry level separation was issued without error or injustice. 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, 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. Sincerely, 10/4/2019 2