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

Docket No. 1777-19 
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 relevant portions of your naval record and your application, 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 for Correction of Naval Records, sitting in executive session, considered your application on 14 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, relevant portions of your naval record and applicable statutes, regulations and policies. 

On 3 July 1996, you entered active duty. In accordance with the Physical Readiness Information Management System PFA (Physical Fitness Assessment) listing, you failed the BCA (Body Composition Assessment) test in Cycle 2011(2), Cycle 2013(2), and Cycle 2014(2).  On 25 October 2014, Commanding Officer , Strike Fighter Squadron TWO TWO submitted an administrative separation report to Commander, Navy personnel Command which was received on 4 November 2014.  On 13 March 2015, you were honorably discharged for weight control failure with over 18 years of active service.

You requested a Temporary Early Retirement Authority (TERA); the Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  However, the Board concluded that MILPERSMAN 1910-170 states that Active duty personnel who have completed 18 or more years of active service are not exempt from Administrative Separation (ADSEP) processing. Those with a third failure subsequent to 30 June 2011 will be processed for ADSEP. Finally, TERA was not offered at the time of your separation.  The last time it was offered prior to your separation was for FY-12. 

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,