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

Docket No: 1369-18               
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, sitting in executive session, considered your application on 6 May 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 15 August 2007.  On 4 February 2008, you were separated with an uncharacterized (entry-level) discharge for erroneous entry.  

The Board carefully weighed all potentially mitigating factors, such as your request to upgrade your discharge, and assertions that you received an under other than honorable conditions (OTH) discharge, and the military entrance processing station (MEPS) would have discovered any preexisting medical conditions.  In fact, you were not issued an OTH discharge, but an uncharacterized discharge, which is authorized for separations that begin during the first 180 days of service.  With regard to MEPS, although there is an examination, the examination does not detect all preexisting conditions.  You also submitted a letter regarding your disability rating by the Veterans Administration (VA).  Although the VA makes determinations based ones military record and subsequent medical record, the VA’s determinations are not binding on the Department of the Navy.  The Board also considered your mitigating factors and concluded they were not sufficient to warrant a change to your discharge or the characterization of your service. 

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. 

Sincerely, 


8/7/2019