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


Docket No: 9529-19
Ref: Signature Date 

This is in reference to your application of 15 July 2019 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 January 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, relevant portions of your naval record, and applicable statutes, regulations, and policies. 

You enlisted in the Navy and began a period of active duty on 28 March 1988.  On 4 May 1988, you were notified of an administrative action to separate you from the naval service by reason of entry level separation (ELS) due to entry level performance and conduct as evidenced by your lack of reasonable effort. After you waived your rights, the discharge authority directed that you be discharged with an ELS by reason of entry level performance. On 13 May 1988, you were so discharged. 

The Board carefully reviewed your application, weighed all potentially mitigating factors, and 
considered your contention that you were not made aware of the “dishonorable” discharge when 
you separated nor did you find out until you tried to open a bank account with Navy Federal Credit Union.  The Board, noting an ELS is not a “dishonorable” discharge, concluded there was no error in your administrative separation processing because you were appropriately discharged with an ELS because you had not reached 180 days of continuous active military service. 

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.