Dear 

This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552. After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was 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 case on its merits. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 September 2019. 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, relevant portions of your naval record and applicable statutes, regulations and policies. 

A review of your record shows that you entered active duty with the Navy on 12 September 1968 after your discharge from the Army. During your brief period of active duty, you failed to pass the Navy E-4 examination and were not recommended for reenlistment. On 1 July 1969, non-judicial punishment was imposed on you for unauthorized absence and an orders violation. Your records show that you entered on 29 October 1969 and were released on 6 November 1969. You were discharged on 11 December 1969 due to a reduction in authorized strength. 

The Board carefully considered your arguments that you deserve a change to your narrative reason for separation to disability. You assert that documentation regarding a major accident and injury was omitted from your military record. You also claim to suffer from Post-Traumatic Stress Disorder, Anxiety, and Depression. Unfortunately, the Board disagreed with your rationale for relief. In order to find a servicemember unfit for continued naval service, a finding must be made the member is unable to perform the duties of their office, grade, rank or rating due to a disability condition. In your case, the Board found insufficient evidence of an occupational impairment due to a disability condition. While the Board noted you were hospitalized in October 1969, the Board found no evidence indicating your hospitalization made you unfit for continued naval service. Your record shows you were released from the Navy due to end strength reductions and your failure to pass the Navy E-4 examination. Absent evidence that shows you possessed a disability condition at the time of your discharge that created a substantial enough occupational impairment to merit a finding of unfitness for continued naval service, the Board felt the preponderance of the evidence did not support relief in your case. Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record. 

Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue(s) involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 

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 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.