DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490
             
Docket No: 2064-19              
Ref: Signature Date 

This is in reference to your application of 5 September 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 3 March 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 17 August 1988.  On 19 August 1988, you received an evaluation and were diagnosed with bilateral mild to severe sloping sensorineural hearing loss that existed prior to enlistment (EPTE) due to exposure to hazardous noise while working at a machine shop for eight years prior to enlisting.  On 29 August 1988, a medical board determined you did not meet the minimal qualifications for enlistment into the military due to bilateral mild to severe sloping sensorineural hearing loss.  As a result, you were notified of an administrative action to separate you from the naval service with an entry level separation due to erroneous enlistment.  After you waived your rights, your Commanding Officer (CO) recommended an entry-level separation due to erroneous enlistment.  The discharge authority approved this recommendation and directed an entry-level separation due to erroneous enlistment.  On 21 September 1988, you were so discharged. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to change your narrative reason for separation and contentions that your narrative reason for separation should read medical issues, the military entrance processing station (MEPS) enlisted you with bad hearing, and you are unable to use Department of Veterans Affairs (VA) benefits.  However, the Board found that these factors were not sufficient to warrant changing your narrative reason for separation. 

Regarding your contentions that your narrative reason for separation should read medical issues and the MEPS enlisted you with bad hearing, the Board noted that the record contains documented evidence which is contrary to your contention.  The record shows that on 29 August 1988, a medical board determined you did not meet the minimal qualifications for enlistment into the military due to bilateral mild to severe sloping sensorineural hearing loss that existed prior to enlistment and you failed mention your condition during you enlistment physical at the MEPS.  The Board also noted that you acknowledged and accepted the medical board’s decision.  Regarding your contention that you are unable to use VA benefits, whether or not you are eligible for benefits is a matter under the cognizance of the VA, and you should contact the nearest office of the VA concerning your right to apply for benefits.  If you have been denied benefits, you should appeal that denial under procedures established by the VA. 

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, 

3/24/2020