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

Docket No: 10010-19  
Ref:   Signature Date  

From:  Chairman, Board for Correction of Naval Records  
To:    Secretary of the Navy  


Ref: (a) Title 10 U.S.C. 1552 
Encl: (1) DD Form 149 w/attachments 

1.  Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to reflect her failure to complete her change in rating process. 

2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 16 January 2020 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record.  Documentary material considered by the Board consisted of the enclosures, relevant portions of naval records, and applicable statutes, regulations and policies. 

3.  The Board, having reviewed all the facts of record pertaining to Petitioner’s allegations of error and injustice, finds as follows: 

a.  Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. 

b. Petitioner entered active duty with the Navy on 1 March 2016.  Bureau of Naval Personnel (BUPERS) denied Petitioner’s request for a forced conversion on 19 February 2019.  The message denying her request directs her command to commence administrative separation proceedings in accordance with MILPERSMAN 1910-133 for “Failure to Complete Change of Rating (Conversion) Processing.” 

c.  Petitioner was ultimately discharged for Condition not a Disability on 19 August 2019.  Her separation physical documented her color blindness as the apparent basis for her discharge.  Petitioner argues this reason for separation has negatively impacted her ability to enlist in the Navy Reserve. 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board finds the existence of an error warranting relief.  Specifically, the Board determined that Petitioner was erroneously discharged for condition not a disability vice failure to complete change of rating (conversion) process.  MILPERSMAN 1910-133 states that service members may be separated under MILPERSMAN 1910-156 (Separation by Reason of Unsatisfactory Performance) if they fail to successfully convert to a new rating based on a determination by BUPERS that the needs of the Navy preclude rating entry.  Paragraph 2 of the 19 February 2019 BUPERS message denying Petitioner’s conversion request states the “needs of the Navy do not support conversion.”  Since Petitioner was denied a rating conversion due to the needs of Navy vice her color blindness, the Board concluded Petitioner met the requirements of MILPERSMAN 1910-133 to be processed for administrative separation by reason of unsatisfactory performance (MILPERSMAN 1910­156).  

RECOMMENDATION 

In view of the above, the Board directs the following corrective action. 
Petitioner’s naval record be corrected by changing her reason for separation to Unsatisfactory Performance (MILPERSMAN 1910-156) vice condition not a disability. Petitioner will be issued a DD Form 214 or 215 to reflect the new reason for separation and assigned corresponding separation and reentry codes consistent with a service member separated based on an inability to complete a forced conversion due to the needs of the Navy.  

4.  It is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above entitled matter. 

5.  Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulation, Section 723.6(e)) and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of reference (a), has been approved by the Board on behalf of the Secretary of the Navy.