DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
              
Docket No: 4057-21 
Ref: Signature Date 

Dear Petitioner: 
 
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 30 July 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). 
 
The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the U.S. Navy on 15 April 1992.  During your pre-service medical history and examination, you stated you were in excellent health and did not indicate any significant medical history.  On 24 April 1992, while in a recruit status, you were evaluated for right knee pain by the Director of Sport Medicine.  The examination revealed you had a “right medial meniscal tear.”  Although you indicated no past medical history, the attending physician verified that you needed knee surgery prior to joining the naval service and recommended that you be discharged from the military.  You were notified, and acknowledged, that you did not meet minimum standards for enlistment and you did not meet those standards at the time of entry into recruit training.  The physician opined that your condition was “not physically qualified,” and recommended discharge by reason of “enlisted in error” as your condition was likely to be ameliorated in the future.  On 27 April 1992, you were notified of pending administrative separation by reason of defective enlistment induction due to erroneous enlistment for past medical history.  The discharge authority approved your separation with an entry-level separation (ELS) by reason of defective enlistment and induction due to erroneous enlistment (Orthopedic).  You were discharged with an Uncharacterized (UNCHAR) ELS on 1 May 1992.   
 
The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention that you were injured while in boot camp.  The Board noted the personal letter you provided in which you maintain you had a “clean bill of health” prior to joining the military.  The Board further noted the Commanding Officer’s comments that the findings and recommendations of the medical board were reviewed and you met the criteria for separation for failure to meet the minimum physical standards for enlistment at the time of induction.  The Board concluded there was insufficient evidence of an error or injustice that warrants granting clemency and you were appropriately discharged with an UNCHAR ELS because you had not reached 180 days of continuous active military 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 upgrade your discharge based on your inability to obtain a certification of eligibility for a home loan and your contention above.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined you were appropriately discharged with an UNCHAR ELS.  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,  
8/20/2021
Executive Director