Docket No: 9865-19 
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 application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 7 October 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. 
 
You enlisted in the Marine Corps on 5 December 1989.  During the period from 21 December to 27 December 1989, you received counseling and a medical evaluation which diagnosed you with Bilateral Hallux Valgus (BHV) that existed prior to enlistment and determined you were not qualified for active duty service.  On 23 January 1990, the director of the medical clinic recommended you for a convenience of the government (COG) discharge due to suffering from BHV that existed prior to enlistment.  As a result, you were recommended for an entry-level separation.  Subsequently, you were notified of pending administrative separation action by reason of COG due to a condition not a physical disability that interferes with your military duties.  You waived your right to consult with counsel.  Your commanding officer recommended an uncharacterized characterization of service by reason of COG due to a condition not a physical disability that interferes with your military duties.  The discharge authority approved this recommendation and directed an entry-level separation due to condition not a physical disability that interferes with your military duties.  On 29 January 1990, you were discharged.    
 
The Board carefully weighed all potentially mitigating factors such as your desire to upgrade your discharge, contentions that you need your discharge to read honorable because you are applying for a Department of Veterans Affairs (DVA) home loan, you believe your discharge is honorable, and your license plate and driver license say you are a veteran.  However, the Board found that these factors were not sufficient to warrant changing your characterization of service.     
 
In regard to your contention you need your discharge to read honorable because you are applying for a DVA home loan, whether or not you are eligible for benefits is a matter under the cognizance of the DVA, and you may contact the nearest office of the DVA concerning your right to apply for benefits.  If you have been denied benefits, you may be able to appeal that denial under procedures established by the DVA.  In regard to your contention you believe your discharge is honorable, the Board also noted you were notified of your separation processing within 180 days of the beginning of your period of active service.  Applicable regulations authorize an uncharacterized entry-level separation if the processing of an individual's separation begins within 180 days of the individual's entry on active service.  Regarding your contention your license plate and driver license say you are a veteran, the Board noted the Department of Motor Vehicles (DMV) has the authority to determine your eligibility for DMV benefits and their decision has no authority or ability to change your naval records. 
 
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,