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

Docket No: 11624-19              
Ref: Signature date 

This is in reference to your application of 18 November 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 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 5 May 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 9 June 1986.  On 2 July 1986, you were diagnosed with “Right Shoulder Pain, Existing Prior to Service.”  Subsequently, an administrative discharge action was initiated.  On 3 July 1986, you waived both the right to consult with counsel and the right to submit statements.  After being afforded all of your procedural rights, your case was forwarded to the separation authority for review.  On 3 July 1986, the separation authority directed you be separated with an entry-level discharge. You received an entry-level discharge on 11 July 1986. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge, and assertions that you were released without the opportunity given to others to return to service.  The Board noted your service with the    Guard as an enlisted man and an officer.  The Board also noted your assertions that you were never given the opportunity to return to your recruit company and that your shoulder never interfered with the    Guard mission.  The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your diagnosis. 

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, 


6/3/2020