DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JDR
Docket No: 5991-14
10 July 2015
Dear i:
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 ina 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
30 July 1998. Although some of the discharge documentation is
either illegible or not in your record, it appears that a
recommendation to process you for an entry level separation by
reason of physical disability was approved because the
separation authority directed an uncharacterized discharge by
reason of a physical disability and, on 17 December 1998, you
were so discharged.
The Board, in its review of your application and record
(although incomplete), carefully weighed all potentially
mitigating factors, such as your relatively short period of
service, desire to change your characterization of service, and
your assertion that the record is in error. 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. With regard to your assertion, the Board noted
that there is no error in the characterization of service.
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,
ROBERT J. O’NEILL
Executive Director
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