Docket No:  2795-19 
Ref: Signature date 
 
 
Dear  
 
This letter 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 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 12 November 2019.  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, as well as applicable statutes, regulations, and policies. 
 
You enlisted in the Navy and began a period of active duty on 11 February 1998.  On 13 August 1998, the Bureau of Personnel approved a physical disability separation discharge.  You were discharged with an uncharacterized, Entry-Level separation on 13 August 1998. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge, and your assertion that your human resources department will not accept your discharge unless it is changed to “Honorable,” as it states in your benefits verification letter from the Department of Veterans Affairs (VA).  However, the Board concluded these factors were insufficient to warrant a change to your characterization given your administrative, entry-level separation from the naval service due to physical disability.  Accordingly, the Board determined that you were properly discharged with an uncharacterized entry-level separation on 13 August 1998.  Further, it appears that the Board of Veterans’ Appeals upgraded your discharge status to “Honorable” for purposes of VA benefits only, and the VA’s benefits determination does not change or upgrade your characterization of service. 

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,