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

Docket No: 6169-18    
Ref: Signature Date 

This letter 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 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 9 September 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 11 May 1971.  Your original service record was incomplete and did not contain any documentation pertaining to your separation from the Navy.  The only document in your record is an Administrative Remarks (Page 13) that states you were honorably discharged by reason of convenience of the government on 4 June 1971, due to “erroneous enlistment” and your service obligation under the amended Universal Military Training and Service Act was “terminated.”  This entry corresponds with your Armed Forces of the United States Report of Transfer or Discharge (DD Form 214).  At that time, you were not recommended for reenlistment.  The Board noted that you provided no evidence to support your contentions in your application.  Absent such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law/policy and in good faith. 

The Board carefully weighed all potentially mitigating factors, such as your brief period of service, desire to have your record changed to allow you to receive Department of Veterans Affairs (DVA) benefits, and that you would like to receive the same benefits that others received that enlisted in good faith.  The Board also consider your assertion that an injustice was done to you by being discharged prior to being eligible for DVA benefits.  The Board also consider your contentions that you enlisted in the Navy after being told by your recruiter that you could serve with a deformed 5th digit finger on your right hand, that you passed the initial military draft physical after telling the examiners of your finger problems, and that you passed the initial physical issued by the Navy prior to basic training.  The Board also considered your contention that during your service, you were reprimanded for an improper salute, and it was then that the Navy decided to discharge you.  However, the Board concluded that these factors, assertions, and contentions were insufficient to warrant changing your record in order for you to receive DVA benefits. 

Please be advised that whether or not you are eligible for DVA benefits based on your period of service is a matter under the cognizance of the DVA.  If you have been denied benefits, you may appeal that denial under procedures established by the DVA. 

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.   

 
10/1/2019