DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490
                                                          
Docket No: 11386-19                                                          
Ref: Signature Date 

This is in reference to your application of 20 August 2019 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 you did not file your application 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 for Correction of Naval Records, sitting in executive session, considered your application on 13 January 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 May 1997.  At recruit training, you were unable to understand and follow orders, and during attempts to train and counsel you, you raised your voice and made gestures when others could not understand you.  On 23 May 1997, you requested a mental health examination.  A clinical psychologist determined you were not a danger to yourself or others and noted:  “Recruit has serious difficulties due to language and cultural differences.  Is motivated to continue but will not likely complete requirements.” The clinical psychologist recommended your separation due to your inability to adapt.  On 18 June 1997, an administrative action was initiated to separate you from the naval service for erroneous entry due to your inability to communicate effectively in English.  You consulted with Counsel then waived all rights except to obtain copies of the documents that supported the basis of your separation, and your case was forwarded to the separation authority for review.  Your commanding officer recommended that you receive an uncharacterized entry-level discharge and the separation authority approved your separation from the Navy.  On 18 June 1997, you were discharged with an uncharacterized entry-level separation (ELS) characterization of service. 

You request the Board change your characterization of service to honorable because when applying for jobs, prospective employers view your DD Form 214 and discriminate against you.  You assert that your commanding officer notified you that your characterization of service would be honorable.  The Board found no error in the records.  With regard to your contention that you were notified you would receive an honorable discharge, the Board noted that you provided no evidence to support your contention.  Absent such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law and in good faith.  Additionally, the Board noted that you had served 30 days when you were notified of your pending separation.  Navy regulations authorize an uncharacterized ELS if the processing for separation begins within 180 days of active duty.  

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, 

1/29/2020