DEPARTMENT OF THE NAVY 

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

Docket No. 8848-18 
Ref: Signature Date 

Dear 
This is in reference to your application for correction of your naval record pursuant to the 
provisions of 10 USC 1552. After careful and conscientious consideration of the entire record, 
the 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 case on its merits. A three-member 
panel of the Board for Correction of Naval Records, sitting in executive session, considered your 
application on 7 February 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. 

A review of your record shows that you entered active duty with the Navy in June 1975. On 26 
July 1975, you reported to medical with sternum pain alleging an assault by your basic training 
Company Commander. You were treated for sternum bruising on 29 July 1975 with reports that 
you were recovering. You served for approximately four years until you were discharged on 31 
May 1979 at the completion of your required active service. Post-discharge, you filed a 
Department of Veterans Affairs compensation claim for a number of disability conditions that 
were treated while you were on active duty. 

The Board carefully considered your arguments that you deserve to have your narrative reason 
for separation changed to disability or be placed on the disability retirement list. You assert that your alleged assault during basic training creates an injustice that merits relief. Unfortunately, the Board disagreed with your rationale for relief. While the Board empathized with your alleged assault in 1975, the Board concluded there was insufficient evidence you were unfit for continued naval service at the time of your discharge in 1979. Specifically, the Board found 
insufficient evidence that you were unable to perform the duties of your office, grade, rank or 
rating due to a disability condition incurred while on active duty. The Board relied on a 21 May 
1979 separation physical that medically cleared you for separation from active duty as well as 
the unrestricted reenlistment code issued to you upon your discharge as evidence that you were 
physically qualified to continue on active duty had you chosen to continue your Navy career. 
Despite your treatment for a number of medical conditions during your time on active duty, the 
Board found none of them prevented you from permanently performing the duties of your office, 
grade, rank or rating. Accordingly, the Board found insufficient evidence of error or injustice to 
warrant a change to your record. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken 
at this time. You are entitled to have the Board reconsider its decision upon the submission of 
new and material evidence. New evidence is evidence not previously 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, 

2/11/2019 

 
Executive Director