Docket No: 1037-21 
Ref: Signature Date  
 
 
From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:   REVIEW NAVAL RECORD OF FORMER  USN,   XXX-XX    
            
Ref:    (a) 10 U.S.C. 1552 
                 
Encl:   (1) DD Form 149 with attachments 
        (2) Case summary 
        (3) Subject's naval record (excerpts) 
 
1.  Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting a change to his characterization of service “Uncharacterized/Entry Level Separation” on his Certificate of Release or Discharge from Active Duty (DD Form 214).  Enclosures (1) through (3) apply. 
 
2.  The Board consisting of  reviewed Petitioner’s allegations of error and injustice on 17 March 2021 and, pursuant to its regulations, determined that the corrective action indicated below should be taken.  Documentary material considered by the Board consisted of Petitioner’s application together with all material submitted in support thereof, relevant portions of Petitioner’s naval record, and applicable statutes, regulations, and policies, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). 
 
3.  The Board, having reviewed all the facts of record pertaining to Petitioner's allegations of error and injustice finds as follows: 
 
    a. Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. 
 
    b. Although enclosure (1) was not filed in a timely manner, it is in the interest of justice to waive the statute limitation and review the application on its merits. 
 
    c. Petitioner enlisted in the Navy and commenced a period of active duty on 28 October 2002.  On 18 November 2002, Petitioner was diagnosed with a hypertension that was not correctable to meet Navy standards.  As a result, he was recommended for administrative separation due to failed medical/physical procurement standards.  On 20 November 2002, he was notified of administrative separation processing by reason of failed medical/physical procurement standards.  The separation authority approved and directed Petitioner’s separation with an uncharacterized characterization of service due to failed medical/physical procurement standards.  On 25 November 2002, he was separated from the Navy.  

CONCLUSION: 
 
Upon review and consideration of all the evidence of record, the Board concludes that Petitioner's request warrants partial favorable action.  The Board was sympathetic to the Petitioner’s medical condition and his desire to change his Characterization of Service.  However, the Board concluded that these factors were not sufficient to warrant relief given his diagnosis.  The Board however, notes that Petitioner, although diagnosed with hypertension, deserves clemency because his enlistment should have never occurred.  The Board concludes that his narrative reason for separation should be changed in the best interest of the service.  With that being said, the Board concludes that the Narrative Reason for Separation “Failed Medical/Physical Procurement Standards” should be changed to “Erroneous Enlistment” but the “Characterization of Service” will remain unchanged.   
   
In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action. 
 
RECOMMENDATION: 
 
That Petitioner be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214) indicating “Uncharacterized/Entry Level Separation” characterization of service, “Erroneous Enlistment” narrative reason for separation, “RE-4” reenlistment code, “JFW” separation code, and “MILPERSMAN 1910-164” as separation authority.   
 
That no further changes be made to the record. 
 
4.  It is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above entitled matter. 
 
5.  Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulation, Section 723.6(e)) and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of reference (a), has been approved by the Board on behalf of the Secretary of the Navy. 
 
                                                                             
Sincerely,   
 
                                                                             
3/24/2021
Executive Director