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

Docket No. 7840-19 
Ref: Signature Date 

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 5 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 and applicable statutes, regulations and policies. In addition, the Board considered the advisory opinion contained in BUMED letter 5740 Ser M34/19UM32282 of 31 December 2019; a copy of which was previously provided to you for comment. 

A review of your record shows that you entered active duty with the Navy in September 1951.  On your entrance physical, it is noted that you possessed a hearing defect.  You completed your active duty service on 8 December 1954 and were discharged with an Honorable characterization of service.  Post-discharge, the Department of Veterans Affairs denied you a service connection for hearing loss until 2009. 

The Board carefully considered your arguments that your SF 88 and NAVMED-H-8 forms that document your hearing defect were erroneously entered into your record.  Unfortunately, the Board disagreed with your rationale for relief.  In making their findings, the Board substantially concurred with the advisory opinion contained in BUMED letter 5740 Ser M34/19UM32282 of 31 December 2019.  Specifically, the Board found no evidence to substantiate your argument that you did not possess a hearing defect prior to entering the Navy.  While the Board considered your arguments regarding the Navy’s use of the SF 88 and NAVMED-H-8, they concluded these documents properly document your physical status upon entering the Navy and should not be removed based on arguments that they may have been obsolete due to changes in regulation.  The Board determined any error in the use of these documents was harmless since the primary purpose was to document your physical condition at the time.  In the Board’s opinion, the preponderance of the evidence supports a finding the forms properly documented your physical status.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.  

The Board considered your request to remove copies of your DD Form 214.  The Board concluded you did not exhaust your administrative remedies prior to applying to the Board.  Your request is for an administrative correction which does not require action by this Board until you have formally requested a change to your record through the Navy.  You may submit your request to the Department of Navy, Navy Personnel Command (BUPERS), Code Pers-312, 5720 Integrity Drive, Millington, TN 38055-3120.  If the Navy should deny your request, you may reapply to the Board with supporting evidence that a correction is required to your record.
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue(s) 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,