Docket No: 9596-19 
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 24 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, as well as applicable statutes, regulations, and policies. 
 
You enlisted in the Navy and began a period of active duty on 8 February 2000.  In May 2000, you were diagnosed with bilateral tibial periostisis.  On 16 June 2000, a Physical Evaluation Board (PEB) determined you were fit to continue on active duty.  On 14 August 2000, you were seen by medical personnel due to leg pain during training.  The medical record indicates you had been in a medical holding status for three months, with no improvement, despite rehabilitative therapy.  Serial examinations failed to find any significant pathology, no limit on range of motion, no lower extremity weakness, no evidence of trauma, and no palpable deformities.  X-rays revealed only mild over-use type injury to tibia bilaterally.  Your physical condition, while not a physical disability, was non-resolving and prevented any regular physical training participation.  The medical officer noted:  “poor response to conservative therapy most likely represents early stages of a cycle of chronic pain.  Condition will most likely require several years of coordinated treatment including cognitive behavioral therapy, biofeedback, and education.  Recruit Training Command does not have resources necessary to provide long-term, comprehensive pain-management.  Recommend ADSEP.”  On 15 August 2000, administrative discharge action was initiated.  On 21 August 2000, you were discharged with an uncharacterized entry-level separation characterization of service, a separation code “JFW,” reentry (RE) code “RE-4,” and a narrative reason for separation “failed medical/physical procurement standards.” 
 
You request the Board change your narrative reason for separation and upgrade your discharge to honorable.  You assert your separation code stands for “erroneous enlistment, medical condition disqualifying with no medical waiver approved.”  You believe this is an error and injustice because you joined the Navy in good faith, had no history of any medical condition that would prevent you from being qualified to serve, and you served over 180 days of active duty which qualifies you as a Veteran.  The Board found no error in the records.  You separation code and narrative reason for separation are accurate, supported by your record, and do not indicate erroneous entry.  With regard to your uncharacterized entry-level discharge, the Board noted that you were notified of your separation process 130 days after the beginning of your period of active service, and an uncharacterized entry-level separation is appropriate when processing of a separation begins within 180 days of active duty. 
 
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.