DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
 
Docket No. 2756-21  
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 case on its merits. A three-member panel of the Board, sitting in executive session, considered your application on 20 May 2021. 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. 

A review of your record shows that you entered active duty with the Navy on 6 June 1985. On 21 June 1985, you reported to medical complaining of bilateral knee pain and provided a medical history of bilateral knee injuries due to high school sports that was not disclosed as part of your enlistment physical. As a result, a medical board diagnosed you with a preexisting Bilateral Patello-Femoral Joint Dysfunction and recommended you for administrative separation for erroneous enlistment. On your election of rights, you elected to be discharged for erroneous enlistment resulting in your discharge from the Navy on 12 July 1985 with an uncharacterized entry level separation for erroneous enlistment. 

The Board carefully considered your arguments that you deserve a disability discharge or Honorable characterization of service. You assert that there was nothing erroneous about your enlistment since you were medically cleared to enlist. You provided a witness statement attesting to your good health leading up to your entry into the Navy. Unfortunately, the Board disagreed with your rationale for relief. 

In reviewing the evidence, the Board concluded the preponderance of the evidence does not support granting you a disability discharge. The Board found the medical board report of 9 July 1985 that documented your preservice history bilateral knee problems credible since it was issued contemporaneously with your active duty service. The Board determined, more likely than not, you were truthful in providing your medical history to your Navy medical providers since you relied upon them to provide you proper care for your bilateral knee condition. Further, despite the recent evidence you provided to the contrary, the Board found no reasonable basis to question the validity of the medical board findings. Finally, the fact you chose to request a discharge from the Navy for erroneous enlistment after being informed of the medical board recommendation further convinced the Board that medical board findings in your case were, more likely than not, correct. 

Regarding your request for an upgrade to an Honorable characterization of service, the Board determined the preponderance of the evidence does not support relief. Uncharacterized entry level separations are required for service members discharged within their first 180 days of consecutive active duty unless extraordinary circumstances exists to merit the issuance of a characterized discharge due to misconduct or a Secretary of the Navy review. In reviewing your record, the Board concluded your brief active duty service was unremarkable and did not meet the criteria for issuance of a characterized discharge. Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record. 

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, 
5/22/2021 

2