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

Docket No: 11098-18       
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 22 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. 

You enlisted in the Navy and began a period of active duty on 24 July 2001.  Your record indicates that you served honorably until your discharge on 23 December 2009.  Your final performance evaluation for the period of 1 October 2009 through 23 December 2009 notes that you were a TAR (Training and Administration of the Reserve) in the paygrade of E-5, who provided full time support via an active duty career while residing in the Reserve Component. Your final evaluation was submitted upon your separation from the Navy, and noted that you were not recommended for retention.  On 13 December 2009, Commanding Officer, Naval Operational Support Center              forwarded the recommendation for your administrative separation on the basis of Non-Retention on active duty.  You received an honorable characterization of service, and were awarded separation pay in the amount of $13,621.59.  

In your petition to the Board, you request a medical retirement and state that you were medically separated from the Navy and should have been medically retired.  You contend that you went to a Medical Board and were found unfit for continued duty.  You state you were medically discharged with a “medical code” and did not realize there was an error in your discharge until you were denied for a Veteran’s Affairs program.  You note you served nine years in the Navy, and indicate that your separation was done quickly, resulting in an error. 

The Board carefully reviewed your application and your available service record.  The Board took into consideration your length of service as well as your contentions that you were found unfit for duty by a Medical Board and are thereby entitled to a disability retirement.  The Board did not find evidence in your record supporting your claim that a Medical Board was held, or indicating that you were entitled to disability retirement benefits.  Absent such information, the Board found that your final evaluation ending on 23 December 2009, your Commanding Officer’s letter regarding separation due to non-retention on active duty, and your receipt of separation pay as reflected on your Certificate of Release or Discharge from Active Duty (DD Form 214) as evidence that your current narrative reason for separation is appropriate.  The Board concluded that you did not provide evidence to establish that a Medical Board was held or that you were unfit for continued naval service due to a qualifying disability condition when you were discharged in December 2009.  Accordingly, the Board found that your current discharge does not merit corrective action.
     
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, 


11/13/2019