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


Docket No: 2744-19/             
11223-06                                    
Ref: Signature Date 

This letter is in reference to your reconsideration request dated 22 February 2019.  You previously petitioned the Board for Correction of Naval Records (Board) and were advised that your application had been disapproved.  Your case was reconsidered in accordance with Board procedures that conform to Lipsman v. Sec’y of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004). 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. 

Because your application was submitted with new evidence not previously considered, the Board found it in the interest of justice to review your application. Your current request has been carefully examined by a three-member panel of the Board, sitting in executive session on 7 May 2020.  The names and votes of the members of the panel will be furnished upon request.  Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to change your characterization of service to a medical discharge.  You also request that your hat and yearbook be returned to you.  As new matters, the Board considered your assertion that when you were discharged from the naval service you were not awarded veteran’s compensation, but you received veteran’s compensation in the year 2000.  Your compensation went back to the year 1990, and you would like compensation back to the year 1985.  The Board concluded that these factors were insufficient to warrant relief in your case given your inability to adapt to the naval environment.  Further, applicable regulations authorize an uncharacterized entry-level separation if the processing of an individual’s separation begins within 180 days of the individual’s entry on active service.  Additionally, regarding your concern to have your veteran’s compensation to be retroactive to 1985, whether or not you are eligible to receive compensation dating back to 1985 is a matter under the cognizance of the Department of Veterans Affairs (VA), and you should contact the nearest office of the VA concerning your right to apply for benefits.  You have provided no information concerning your request that you be awarded the Medal of Honor.  Accordingly, under the totality of the circumstances, the Board, in its review, discerned no probable material error or injustice in your discharge. 

It is regretted that the circumstances of your reconsideration petition 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 the absence of new matters for reconsideration, the decision of the Board is final, and your only recourse would be to seek relief, at no cost to the Board, from a court of appropriate jurisdiction. 

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, 

5/29/2020