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

Docket No: 6635-18              
Ref: Signature Date 

Dear:

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 13 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, as well as applicable statutes, regulations, and policies. 

You enlisted in the Navy on 26 September 1988.  On 25 October 1988, the branch medical clinic diagnosed you with reactive airway disease that existed prior to enlistment.  Subsequently, you were notified of pending administrative separation action for defective enlistment and your commanding officer recommended an entry level separation.  The discharge authority approved this recommendation and, on 4 November 1988, you were discharged with an entry level separation, uncharacterized service. 

The Board carefully considered your request to change your discharge to an honorable, including that your discharge prevents you from getting federal employment.  However, the Board found that these factors were not sufficient to warrant changing your characterization of service. The Board noted that you were notified of your separation processing within 180 days of the beginning of your period of active service.  Applicable regulations authorize an uncharacterized entry-level separation if the processing of an individual’s separation begins within 180 days of the individual’s entry on active service.  Additionally, although you submitted an email communication regarding a background investigation, the email merely stated that you did not answer the relevant question about your discharge, not that you were disqualified from federal employment due to your discharge type.  The Board thus discerned no material error or injustice in your discharge characterization. 

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,