Docket No: 2199-21 
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 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 30 April 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, 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 and began a period of active duty on 28 March 1988.  On 28 November 1988, a flight surgeon performed a flight physical examination and determined that you were not physically qualified but aeronautically adapted for all duty involving flying as a naval air crew due to allergic rhinitis and restrictive airway disease.  On 9 February 1989, you acknowledged being found not qualified for your enlistment guarantee due to allergic rhinitis, at which point, you elected to be discharged for convenience of the government.  On 28 February 1989, you were recommended for reenlistment but not eligible due to erroneous enlistment.  On the same date, you were discharged with an honorable characterization of service by reason of erroneous enlistment.  
 
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 contention that you believe the term erroneous enlistment is preventing you from obtaining benefits from the Department of Veterans Affairs.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your narrative reason for separation is correct based on the circumstances of your case.  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 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.   
 
                                                                            
Sincerely, 
5/13/2021 
Executive Director