DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 5565-14
4 May 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 28 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
10 December 1986. On 8 January 1987, you were diagnosed with a
mild knee strain of the right knee. Subsequently, administrative
discharge action was initiated. After being afforded all of your
procedural rights, you received an entry level separation due to
a physical disability on 27 April 1987.
The Board, in its review of your record and application,
carefully weighed all potentially mitigating factors, such as
your short period of service, and desire to upgrade and change
the reason for your discharge. Nevertheless, the Board concluded
these factors were not sufficient to warrant a change in your
characterization of service or the reason for your discharge
given the reason for your discharge. With regard to your
characterization of service, the Board noted that you were
notified of your separation process within 180 days of the
beginning of your period of active service. Navy regulations
authorize an uncharacterized entry level separation if the
processing of a Sailor separation begins within 180 days of his
entry on active duty. 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.
Sincerely
BERT J. O'NEILL
Executive Director
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