DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN
Docket No: 3875-14
8 April 2015
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the United
States Code, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 7 April 2015. 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, your naval record, and
applicable statutes, regulations, and policies.
after careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy and began a period of active duty on
7 November 1983. On 23 November 1983, a recruit mental health
evaluation was conducted, and it was determined that you had
chronic back pain and spondylolysis, both of which existed prior
to your entry into the service. Based on the mental evaluation,
you were processed for separation by reason of erroneous
enlistment due -to the diagnosed medical conditions. After being
afforded all of your procedural rights, you were discharged with
an entry level separation due to an erroneous enlistment.
The Board, in its review of your record and application,
carefully weighed all potentially mitigating factors, such as
your brief period of service and desire to change the reason for
your discharge. Nevertheless, the Board found that these factors
were not sufficient to warrant a change to the reason for your
discharge given the medical conditions that existed prior to your
entry. Accordingly, your application has been denied.
It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled to have the
Board reconsider its decision upon submission of new and material
evidence within one year from the date of the Board's decision.
New evidence is evidence not previously considered by the Board
prior to making its decision in your case. 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.
ROBERT J. O'NEILL
Fxecutive Director
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