Dear 
 
This is in reference to your application for correction of your naval record pursuant to the 
provisions of 10 USC 1552. After careful and conscientious consideration of the entire record, 
the 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 case on its merits. A three-member 
panel of the Board for Correction of Naval Records, sitting in executive session, considered your 
application on 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. 

A review of your record shows that you entered active duty with the Navy   . you were diagnosed with iron deficiency anemia and multiple syncopal episodes. Based on your diagnoses, you were recommended for an entry level separation. You were notified of administrative separation processing on for erroneous enlistment and discharged on 6 with an uncharacterized entry level separation. Post-discharge, the Department of Veterans Affairs (VA) rated you for a number of service connected disability conditions including pseudoseizures at 100%. 
 
The Board carefully considered your arguments that you narrative reason for separation should 
be changed to disability and your characterization of service upgraded to Honorable. You based 
your arguments on your current VA disability ratings. Unfortunately, the Board disagreed with 
your rationale for relief. First, the Board found insufficient evidence to find that your syncope 
episodes did not preexist your entry into the Navy. Based on your brief period of active duty 
prior to your reporting your syncope episodes, the Board reached the conclusion that the 
preponderance of the evidence supports the Navy’s determination that you were erroneously 
enlisted with a syncope condition that would have been disqualifying had it been discovered 
prior to your enlistment. In the Board’s opinion, epilepsy is not a condition that develops in 
approximately 30 days and it is more likely than not you entered the Navy with the condition. 
Second, the Board found that an upgrade to an honorable characterization of service is not 
appropriate in your case. Navy regulations dictate that service members separated from active 
duty within their first 180 days of consecutive active duty service are to be issued an 
uncharacterized discharge. While the Board is aware there are exceptions to this requirement, 
they concluded the circumstances of your case do not meet any of the criteria for an exception to 
policy. Third, the Board did not find the VA’s decision to grant you a service connected 
disability persuasive. Although a VA rating decision may be relevant to consideration of a 
disability case by the Navy, it is not binding on the Navy. As explained earlier, the Board 
concluded the preponderance of evidence supports the Navy’s decision that your condition 
preexisted your entry into the Navy. The Board found no evidence that the VA took into 
consideration whether your syncope condition existed prior to your enlistment. Accordingly, the 
Board found insufficient evidence of error or injustice to warrant a change to your record. 

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. 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.