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

Docket No: 11440-19  
Ref: Signature Date 


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. 

A three-member panel of the Board, sitting in executive session, considered your application on 23 April 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, available portions of your naval record, as well as applicable statutes, regulations, and policies. 

You enlisted in the Navy on 13 March 2009.  During the reporting period of 16 November 2018 to 13 November 2019, you failed three Physical Fitness Assessments resulting in a 1.0 in military bearing/character and “significant problems” on your detaching performance evaluation and a “not recommended” for retention by your reporting senior. On 13 November 2019, you were discharged upon completion of required active service with an honorable characterization of service.  You were assigned a “KBK” (voluntary discharge allowed by established directives) separation code upon your discharge. 

The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention your discharge was involuntary, requiring a “JBK” (involuntary discharge, no board entitlement) separation code.  The Board further considered your contention that since you were not recommended for retention and were separated at your end of active obligated service in accordance with physical readiness program guidelines, you were involuntarily discharged.  The Board noted there is no indication in your record that your discharge was “involuntary.”  Specifically, your record does not indicate that you requested and were denied a career waypoint quota or an opportunity to reenlist nor did you submit such documentation.  The Board determined there was insufficient evidence to overcome the presumption of regularity with respect to your discharge at the completion of your active service and concluded you were assigned an appropriate separation code. 

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, 

5/29/2020