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 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. 

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 onThe 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 on After reporting back pain x-ray imaging revealed you suffered from a spondylosis defect in your L-5. Based on the discovery of the defect, you were diagnosed with a preexisting acquired unstable back and recommended for an entry level separation for erroneous enlistment after it was noted you did not possess an medical enlistment waiver for your condition. You were notified of administrative separation processing on resulting in your discharge for erroneous enlistment due to failed medical/procurement standards the Department of Veterans Affairs (VA) rated you for bilateral lower radiculopathy and intervertebral disc syndrome of your lower spine. 

The Board carefully considered your arguments that you deserve a change to your narrative reason for separation to disability. You assert that your VA rating for your back substantiates that you deserve military disability benefits. Unfortunately, the Board disagreed with your rationale for relief. The Board found that you entered the Navy with preexisting spondylolysis in your L-5 as evidenced by the imaging results medical diagnosis. Since you entered the Navy with a spinal defect that was not medically waived, the Board concluded that you were erroneously allowed to enlist in the Navy and properly administratively discharged for enlisting despite not meeting medical procurement standards. The fact the VA determined your back condition was service connected did not persuade the Board an error or injustice exists in your record since the VA operates under different regulations and statutes from the Department of Defense and no evidence was presented whether the preexisting nature of your back condition was considered by the VA during their deliberative process. 

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.