Docket No: 6711-19 
Ref: Signature Date 
 
 
 
Dear :  
 
This letter is in reference to your reconsideration request dated 10 July 2019.  You previously petitioned the Board for Correction of Naval Records (Board) and were advised that your application had been granted in part.  You seek reconsideration regarding the upgrade to your discharge characterization.  Your case was reconsidered in accordance with Board procedures that conform to Lipsman v. Sec’y of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004).  After careful and conscientious consideration of the entire record, the 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, sitting in executive session, considered your application on 18 November 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 entered active duty with the Navy Reserve on 26 April 2014 as an officer candidate at Officer Candidate School.  By 9 May 2014, you complained of left knee pain that was eventually diagnosed as patellofemoral pain syndrome.  After a period of physical therapy did no resolve your symptoms, you were recommended for an entry level separation due to failed medical/physical procurement standards.  You continued to participate in your military duties, and were discharge on 12 August 2014 with an entry level separation. 
 
You request an upgrade to your entry level separation to an honorable characterization of service, and seek any other relief appropriate or justified by the application.  You ask that newly submitted evidence of your exceptional service during officer training be taken into consideration.  You provide a brief in support of your application, and note that instead of being processed through the disability evaluation process, you were given “grey paper.”  You state that even after your injury you continued to perform exceptionally.  You provide a statement from an individual who supervised you while you were in medical hold.  Additionally, you contend that you did not have a medical condition for which you failed to receive a waiver.  You assert that you fractured your tibia at Officer Candidate School, and the injury was the direct reason for discharge from the Navy.  You state that since your discharge you have not been able to pursue a career in law enforcement or stand and perform duties requiring physical exertions such as standing at Home Depot. 
 
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your contention that you were injured during your military service but continued to perform exceptionally well.  The Board also weighed your post-service challenges relating to your medical condition which you state now impede your career options.  Even in consideration of the information you provided, and taking particular note of the leading petty officer’s statement about your performance as part of N4 Admin at OTCN, the Board found that your service does not rise to the level that merits an upgrade from an entry level separation to an honorable characterization of service.  The Board considered that your efforts while you were on medical hold contributed to the mission of NR4 Admin, but found that nature of your contributions for the length of time you served (3 months and 17 days) did not merit an honorable discharge.  Accordingly, the Board determined that no corrective action is merited. 
 
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 reconsideration petition 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 the absence of new matters for reconsideration, the decision of the Board is final, and your only recourse would be to seek relief, at no cost to the Board, from a court of appropriate jurisdiction. 
 
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.