Docket No: 4358-19 
Ref: Signature Date 

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 application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 21 August 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, policies.  You enlisted in the Navy on 16 June 2005.  Your record is incomplete in that it does not contain all the documents pertaining to your administrative discharge but, based on your Certificate of Release or Discharge from Active Duty (DD Form 214), it appears that after you waived your procedural rights, the separation authority directed an uncharacterized (UNCHAR) entry level separation (ELS) by reason of entry level performance and conduct.  You were discharged with an UNCHAR ELS on 15 December 2005. 
   
The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention that your “type of discharge needs to be changed.”  Specifically, you contend you never had a negative mark or even “attended a captain’s mast.”  You further contend you were not offered any other options and the Navy “failed you.”   The Board also considered your contention that you began having severe anxiety and panic attacks due to your wife’s high-risk pregnancy so when you were asked if you wanted to “know more about hardship discharges,” you “signed the paper to start research for such a discharge.”  Further, the Board considered your contention that when you were presented with your discharge papers, “all the information was wrong” but you were still urged to sign or were told that you would be “disobeying a direct order.”   
 
The Board additionally considered your contention that you incurred Post-Traumatic Stress Disorder from the situation but noted that you did not submit any supporting documentation with your submission or in response to the Board’s request for information dated 7 August 2019.  Lastly, the Board considered your current health situation.  Unfortunately, after careful consideration of your contentions, the Board concluded that relief was not warranted in your case.  The Board noted your record is incomplete in that it does not contain the documents pertaining to your administrative separation.  Specifically, it does not contain the notification documents but it does contain an entry reporting you attended the mandatory pre-separation brief on 8 December 2005.  Presuming regularity, the Board concluded you were notified of pending administrative separation processing prior to 8 December 2005 and determined less than 180 days elapsed between your enlistment date and the date of notification.  Therefore, the Board concluded there was no error in your administrative separation processing because you were appropriately discharged with an ELS because you had not reached 180 days of continuous active military service at the time of your administrative separation notification. 
 
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.                                                                                
 
Sincerely,