DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 5604-19 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 for Correction of Naval Records (Board), sitting in executive session, considered your application on 7 October 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. You enlisted in the Navy Reserves in January 1998, and completed Active Duty for Training (ADT) orders in February 1999. On 11 April 2001, you transferred to the Voluntary Training Unit (VTU). On 16 January 2003, Chief of Navy Personnel Command determined that you were not physically qualified for retention in the Ready Reserve or the Standby Reserve. Administrative Remarks of 6 February 2003, reflect that you were notified of being placed in a non-drilling status and that you were to complete correspondence courses to receive point accreditation for a satisfactory year. Furthermore, you were notified of being discharged due to not being physically qualified; this notice was acknowledged by you with a signature. On 10 March 2003, you were discharged from the Navy Reserve with an honorable characterization of service. A 14 March 2003 letter from your Commanding Officer (CO), Naval and Marine Corps Reserve Center, recommended that you be administratively separated due to not being physically qualified. The CO’s letter notes that you also failed to satisfactorily complete requirements for making your rate permanent. In your petition to the Board, you ask that the second paragraph of your CO’s letter of recommendation for administrative separation include reference to seven surgeries. You also ask that you receive “G.I. benefits.” The Board inferred that your request for “G.I. benefits” encompasses a request for a medical discharge from the Navy. In your application for correction, you state that you volunteered for military service at the age of 36 and due to 7 surgeries, were unable to complete your enlistment. The Board carefully reviewed your application, the information you provided in support of your request, and your available service record. With regard to your request for the second section of your CO’s administrative discharge recommendation to be changed, the Board found that the information in his 14 March 2003 letter is not erroneous or unjust. Furthermore, the addition of specific information regarding your surgeries does not alter the outcome of your discharge nor does it impact any benefits to which you may be entitled based on your honorable military service. Accordingly, the Board declined to take action by adding specific information about your surgeries to your CO’s signed recommendation letter from 2003. The Board considered that you request “G.I. benefits” in your application for correction. The Board noted that your honorable characterization of service may qualify you for certain benefits with Veterans Affairs and other government and/or private organizations. With regard to medical or disability benefits associated with your military discharge, the Board found that your record does not indicate that at the time of your service that you warranted a disability rating pursuant to SECNAVINST 1850.4 series that could have resulted in entitlement to either separation compensation or medical retirement. Furthermore, the Board concluded that you did not provide sufficient evidence to overcome your separation based on failure to meet physical qualifications. Accordingly, the Board concluded that your record does not require corrective action. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to its understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of 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. Sincerely, 11/25/2019