Docket No: 1100-21 
Ref: Signature Date 

Dear   : 
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 17 March 2021.  The names and votes of the panel members 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 the 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, 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). 
 
You enlisted in the Navy on 16 February 2010.  On 15 March 2010, a medical doctor diagnosed you with Osteoarthritis to the neck that existed prior to enlistment.  The doctor determined that you were not physically qualified and did not meet physical standards for enlistment into the Navy.  As a result, you were recommended for separation from the Navy.  Subsequently, you were notified of administrative separation processing by reason of erroneous enlistment.  The separation authority approved your separation, and on 23 March 2010, you were separated with an uncharacterized (entry-level separation) characterization of service. 
 
The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo.  These included, but were not limited to, your desire to change your characterization of service and contentions that you were told on the day of separation that you could get your discharge upgraded, and you now need an upgrade for your Department of Veterans Affairs (DVA) paperwork.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the noted that 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.  Based on your diagnosis, the Board determined that you were given the appropriate characterization of service upon your separation from the Navy.  Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief.   
 
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, 
                                                                              
Executive Director