DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 7330-19
Ref: Signature Date 

Dear 
 
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 9 March 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, as well as applicable statutes, regulations, and policies.
 
You enlisted in the Navy and began a period of active duty on 14 September 1994.  On 20 and 21 September 1994, you were in a limited duty status on bedrest.  Between 24 September and 12 October 1994, you were counseled over a dozen times regarding your lack of motivation; being asleep during study time, your “sloppy appearance” and uniform, and failing inspections.  On 15 October 1994, you went to sick call claiming knee pain impairing your ability to run your first fitness test.  Between 17 and 24 October 1994, you were counseled over a dozen times for lack of motivation, “sloppy” appearance, and failing the first fitness test.  On 24 October 1994, you went to sick call for a sore throat and again were placed in a limited duty status.  On 27 October 1994, you were caught cheating on a test.  On 28 October 1994, you went to sick call for sore throat and were returned to full duty.  On 4 November 1994, you were advised in writing that administrative action was initiated to separate you from the naval service with an entry-level separation due to your evidenced failure to adapt to the naval environment.  On 10 November 1994, you were discharged with an uncharacterized entry-level characterization of service, a separation code “JGA,” and a narrative reason for separation “Entry-Level Performance and Conduct.” 

You request the Board upgrade your discharge, although you did not specify the characterization of service you are seeking.  You assert that “[you] caught bronchitis that turned into cold air asthma and when [you were] in the Navy I[you]did everything [you were] told to do.  [You] did not know what they put on [your] DD 214 was the wrong code and [you were] not told about it.” 

The Board found no error in the records.  The separation code “JGA” indicates you were unqualified for further military service by reason of inability, lack of effort, failure to adapt to the military environment, or minor disciplinary infractions during the first 180 days of continuous active military service.  The Board noted the separation code and narrative reason for separation on your DD Form 214 are supported by your record, which includes numerous counseling entries for performance and conduct deficiencies.  With respect to your contention that you were separated for medical reasons, the Board noted that you provided no evidence to support your contention.  Absent such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law/policy and in good faith.
 
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,