DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1658-20 Ref: Signature Date Dear : This is in reference to your application of 30 January 2020 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 that 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 application on its merits. A three-member panel of the Board, sitting in executive session, considered your application on 14 April 2020. 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. You enlisted in the Navy and began a period of active duty on 10 July 1967. On 26 May 1969, you started a period of unauthorized absence (UA), which terminated by surrender on 23 September 1969. You appeared before special court-martial in November and December 1969, and were found guilty of UA for the period from 26 May 1969 to 23 September 1969. On 26 February 1970, you submitted a request for separation from naval service. Administrative remarks dated 26 February 1970, indicate processing for separation by reason of unfitness with a general characterization of service. On 26 February 1970, you were discharged from the Navy due to unfitness and received a general characterization of service and a reentry (RE) code of RE-4. In your petition to the Board, you ask for a medical discharge and an upgrade to your discharge characterization from general to honorable. You state that you are rated as 100% disabled by Veterans Affairs (VA) due to panic disorder, and provide a VA decision letter dated 23 December 2019, in support of your contention. You also reference the Office of the Under Secretary Defense’s “Clarifying Guidance to Military Discharge Review Board and Boards for Correction of Military/Naval Records Considering Requests by Veterans for Modification of their Discharge Due to Mental Health Conditions, Sexual Assault, or Sexual Harassment” memorandum of 25 August 2017. Your request was fully and carefully considered by the Board in light of the Secretary of Defense’s Memorandum, “Supplemental Guidance to MilitaryBoards forCorrection of Military/Naval Records Considering Discharge Upgrade Requested by Veterans Claiming Post Traumatic Stress Disorder” of 3 September 2014, and the “Clarifying Guidance to Military Discharge Review Board and Boards for Correction of Military/Naval Records Considering Requests by Veterans for Modification of their Discharge Due to Mental Health Conditions, Sexual Assault, or Sexual Harassment” memorandum of 25 August 2017. The Board reviewed your available service record and your submissions to the Board, and determined that the available evidence does not establish that you suffered from a mental health condition at the time of your military service that may have mitigated your misconduct. Furthermore, the Board noted that you did not receive an adverse characterization of service. The Board found that your general characterization of service, rather than an honorable characterization, was appropriately issued at the time of your discharge due to your special court-martial conviction. The Board considered your request for a medical discharge, in consideration of the VA determination that you currently have a 100% disability rating. The Board noted that the VA letter of 23 December 2019, indicates that in 1981, you had a rating of 0%; in March 2003, a rating of 10%; in June 2008, a rating of 30%; and in August 2008, a rating of 30%. Your rating was then increased to 100% in August 2018. The Board noted that medical disability discharges and medical retirements are predicated on a qualifying medical condition or disability that impacts fitness for duty. The Board reviewed your available record and noted that your record does not indicate that you had a condition or disability at the time of your service that merited processing for medical discharge or retirement. Furthermore, with respect to your fitness for duty at the time of your service, the Board remarked upon your performance record prior to your special court-martial proceedings. The Board noted that your record reflects marks of 3.0 and 3.8, indicating that you were performing satisfactorily. Even following your court-martial proceedings, your record indicates that on 26 February 1970, the date of your discharge, you had received no marks below 3.0 during your enlistment. The Board concluded that your discharge does not merit correction to either grant an upgrade to honorable or to issue a medical discharge or retirement. 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 the 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. Sincerely,