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 20 February 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 Navy Personnel Command memorandum  of ; 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 on 2 July 1986.  The Physical Evaluation Board (PEB) found you unfit for continued naval service on 15 October 1997 for mechanical back pain.  Based on the PEB findings, you were discharged with severance pay on 29 December 1997 with an Honorable characterization of service. 
 
The Board carefully considered your arguments that you should be placed on the retirement list based on Temporary Early Retirement Authority (TERA).  You assert that you were eligible for retirement under TERA but never counselled or offered the option prior to your discharge from the Navy.  Unfortunately, the Board disagreed with your rationale for relief.  In making their findings, the Board substantially concurred with the advisory opinion contained in Navy Personnel Command memorandum of .  Specifically, the Board found that you were not eligible for retirement under TERA since your rating of Aviation Ordnanceman was not listed as an eligible rating in NAVADMIN 126/97.  Based on this finding, the Board concluded you were properly discharged from the Navy with severance pay in accordance with the PEB findings.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your 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.