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 on 12 September 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 and applicable 
statutes, regulations and policies. 

A review of your record shows that you entered active duty with the Navy on 14 June 1995. Just 
prior to entering active duty, you injured your right ankle. After aggravating your ankle 
condition, you were seen by medical on 10 July 1995. On 21 July 1995, you were recommended 
for an entry-level separation due to a preexisting talar dome chip fracture. You were notified of 
administrative separation processing on 23 July 1995 and acknowledged your rights. On 28 July 
1995, you were discharged with an uncharacterized entry-level separation for failing to meet 
medical/physical procurement standards. 

The Board carefully considered your arguments that you deserve a change to your narrative 
reason for separation to disability. You assert that you injured your ankle while in basic training and you continue to suffer from your condition. Unfortunately, the Board disagreed with your rationale for relief. The Board found that your injury preexisted your commencement of active 
duty based on the medical report of 21 July 1995 that documents that you injured your ankle 
prior to arriving at Recruit Training Command (RTC). Based on this report, the Board 
determined the preponderance of the evidence supports the finding that your ankle fracture 
existed prior to your entry into the Navy and you did not meet medical/physical standards for 
procurement prior to commencing active duty. The fact you continue to suffer from symptoms 
of your fracture did not convince the Board that an error or injustice exists in your record since 
the evidence clearly shows you incurred the injury prior to commencing basic training. 
Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to 
your record. 

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.