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

Docket No:  4059-18               
Ref: Signature date 

This letter is in reference to your application of 16 February 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 12 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, relevant portions of your naval record, as 
well as applicable statutes, regulations, and policies.  Your application list “            Naval Hospital records and correspondence to the President” as enclosures.  The Board did not receive either of the enclosures, therefore they were not considered. 

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 issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 

You enlisted in the Navy and began a period of active duty on 9 September 1997.  On 25 November 1997, you were diagnosed with attention deficit disorder severe enough to impair your ability or serve in the Navy.  Your Commanding Officer initiated an administrative separation action for convenience of the government on the basis of other designated physical condition.  It was recommended that you receive an entry-level discharge.  On 11 December 1997 you were so discharged.  In 2005 you enlisted in the Marine Corps and were discharged for fraudulent enlistment since you did not disclose your previous enlistment in and discharge from the Navy. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge, and assertions you were injured on active duty.  The Board noted that there were no medical records showing any injury during active duty.  The Board also considered your assertion that you were never given VA benefits for your injury.  The Board concluded these factors and assertions were insufficient to warrant a change to your discharge given your diagnosis and the fact you served fewer than 180 days on active duty. 

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, 


10/21/2019