Docket No: 3115-19 
Ref: Signature Date 



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 application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 21 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, as well as applicable statutes, regulations, and policies. 

You enlisted in the Navy on 4 January 1984.  On 24 January 1984, you received a medical examination for submarine duty and failed the color vision test. As a result, you were disqualified from submarine duty due to failing the color vision test.  On 30 January 1984, you acknowledged not being qualified for duty/special school/apprenticeship by reason of defective color vision.  You elected to receive a discharge from the Navy under honorable conditions at the convenience of the government.  Subsequently, you were notified of pending administrative separation action by reason of defective enlistment/failure to receive commitments offered upon enlistment.  After you waived your rights, your commanding officer (CO) recommended that you receive an uncharacterized discharge due to defective enlistment/failure to receive commitments offered upon enlistment.  The discharge authority approved this recommendation and directed an uncharacterized, entry-level separation due to defective enlistment/failure to receive commitments offered upon enlistment.  On 10 February 1984, you were discharged. 

The Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to rebut the presumption, to include evidence submitted by the Petitioner, the Board presumes that you were properly discharged from the Navy. 

The Board carefully weighed all potentially mitigating factors, such as your desire to characterize your service and change your narrative reason for separation and your contention that items 23 and 24 on your Certificate of Release or Discharge from active duty (DD Form 214) do not reflect your election to receive a general discharge at the convenience of the government.  

In regard to your contention that items 23 and 24 on your DD Form 214 do not reflect your election to receive a general discharge at the convenience of the government, the Board noted that even though you elected to receive a general under honorable conditions discharge, the discharge authority approved and directed an uncharacterized, entry-level separation due to defective enlistment/failure to receive commitments offered upon enlistment.  The Board also noted that you were notified of your separation processing within 180 days of the beginning of your period of active service.  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. 

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.