DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JDR
Docket No: 5650-14
10 July 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.
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 for Correction of Naval Records,
sitting in executive session, considered your application on
16 June 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, began a period of active duty on
14 May 1992. On 22 June 1992, you were counseled and advised
that you were being considered for an administrative separation
by reason of defective enlistment due to erroneous entry into
the naval service, as evidenced by knee pain that existed prior
to enlistment. After being afforded all of your procedural
rights, the separation authority approved and directed an entry
level separation. On 26 June 1992, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your relatively short period of service, desire to change your
characterization of service and separation code, and your
assertion that the discharge was a result of injuries incurred
while in basic training. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge given 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 for
separation begins within 180 days of entering active duty.
Further, when advised on 22 June 1992, you did not object to the
recommended separation or characterization of separation.
Finally, with regard to your assertion, the Board noted that
there is documented evidence in your record that your condition
existed prior to enlistment. 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.
Sincgrely,
ROBERT J. O’NEILL
Executive Director
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