Docket No. 10438-19 
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 26 August 2020.  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. 
 
You enlisted in the Navy and began a period of active duty on 12 April 1993.  On 26 April 1993, you were evaluated by a medical physician and were diagnosed with unstable shoulder and recommended for administrative separation.  On 26 April 1993, you were notified of pending administrative action to separate you from the naval service because erroneous enlistment as evidenced by unstable left should, existed prior to entry into the service.  You were advised of, and waived, your procedural rights, including your right to consult with military counsel.  The separation authority directed your administrative discharge from the naval service with an uncharacterized entry level separation by reason of erroneous enlistment.  On 3 May 1993, you were so discharged.   
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to remove your narrative reason for separation and change block 23 of your Certificate of Release or Discharge from Active Duty (DD Form 214) to read “medical or honorable.”  The Board considered your contention that all of your medical conditions were disclosed at the Military Entrance Processing Station (MEPS) including your childhood surgery of your left shoulder; you were cleared at MEPS.  The surgery on your left shoulder was successful until basic training when an injury occurred on your shoulder while on duty performing physical training.  After careful consideration, the Board concluded these factors were not sufficient to warrant relief in your case due to the diagnosed medical condition.   
 
The Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to the contrary, will presume that they have properly discharged their official duties.  Further, Navy regulations governing separation procedures due to erroneous enlistment, authorizes a member to be separated on the basis of not meeting physical standards for enlistment.  Additionally, 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.  The Board, in its review, discerned no impropriety or inequity in the discharge. 
 
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 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,