DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 5915-19 Ref: Signature date 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 28 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, as well as applicable statutes, regulations, and policies. You enlisted in the Navy and served honorably from 30 October 1968 until 27 June 1969. Prior to reporting to active duty, you received a medical evaluation as part of the enlistment process. A 12 September 1968 Report of Medical Exam notes that you were found fit for military service with no additional defects discovered. After reporting to active duty, you were seen by the orthopedic clinic on 6 February 1969, and evaluated for 4th and 5th toes, bilateral claw toes. You were treated with insoles and passive massage. You were told to consider new shoes and directed to return in six weeks. You were seen on 17 April 1969. On 5 June 1969, a Medical Board found that you had bilateral claw toes which existed prior to entry, and determined discharge due to physical disability was appropriate. On 27 June 1969, you were released from the Navy and received an honorable characterization of service and a reentry code of RE-3P. Block 11C of your discharge document reads “Physical Disability- Existed Prior to Entry on AD.” You request the removal of a reference to a “Physical Disability” from discharge document, and to add Service to an updated Certificate of Release for Discharge from Active Duty (DD Form 214.). You state you did not have a physical disability prior to entry onto active duty and you also contend that your service in should be added to your DD Form 214. You provide a 26 September 1969 certification from the Chief of Naval Personnel for a Combat Action Ribbon, with a 20 August 1969 letter endorsed by Commanding Officer, NAS , stating that during the period of 22 September 1967, while serving with , EO2 , , participated in Combat Operations with battalion in . The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your contention that you did not have a physical disability prior to your time in the Navy. The Board reviewed the medical records in your service record and noted that you appeared before a Medical Board on 5 June 1969, and that it determined that you suffered from a physical condition of bilateral claw toes. Furthermore, you received treatment in February 1969 and April 1969, for the same condition. Even though the condition was not documented in your enlistment medical screening, the Board found that the presumption of regularity applies. The Medical Board determined that the condition exited prior to entry and this Board determined that you did not provide sufficient information to overcome the Medical Board’s June 1969 determination. Accordingly, the Board found that your current separation narrative of “Physical Disability- Existed Prior Entry on AD” does not merit a change. With regard to the addition of Vietnam service to your record, the Board noted that the letter for “E02 ” references action in from 1967, which predates the start of your entry onto active duty of 30 October 68. Furthermore, your DD Form 214 indicates that you only had 8 months and 11 days of total service at the time of your discharge on 27 June 1969. The Board compared the service number of EO2 on the 1969 letters ( ) with the service number reflected on your discharge document ( ) and found the two did not match. Finally, the Board noted the Department of Veterans Affairs Request for Information response from 2012 found no evidence in your file to substantiate any service by you in the . The Board found that there is insufficient evidence to establish that you served in between 30 October 1968 and 27 June 1969, and therefore no change to your record is warranted. 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, 12/9/2019 Executive Director