Docket No: 4472-20
Ref: Signature Date               
              

  
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 application on its merits.  A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 October 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. 
 
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. 
 
You enlisted in the Navy on 1 June 1973.  On 19 June 1973, you received a psychiatric evaluation because of your immaturity and inability to adjust to recruit training.  The evaluation noted that you were not able to adjust to the normal stresses and strains of boot camp, which triggered your anxiety, emotional inconsistency, and prevented you from becoming an effective trainee.  As a result, an Aptitude Board determined that you did not warrant retention in the Navy, and your condition existed prior to your enlistment into the military.  Subsequently, you were notified of pending administrative separation action by reason of unsuitability due to a character and behavior disorder.  You waived your rights and your Commanding Officer (CO) recommended an honorable characterization of service by reason of unsuitability due to a character and behavior disorder.   The discharge authority approved this recommendation and directed an honorable discharge by reason of unsuitability.  On 20 June 1973, you were discharged. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to change your narrative reason for separation, change the separation authority, contentions that you were never told you were being discharged, you were never told why you had an appointment at the hospital, and you were discharged with allegations of homosexual tendencies.  The Board also noted your contentions that you have been married for 44 years and you need Department of Veterans Affairs (DVA) benefits for a home loan.  However, the Board concluded that these factors were not sufficient to warrant relief given your diagnosed psychiatric evaluation. 
   
In regards to your contentions that you were never told you were being discharged, the Board noted that the record contains documented evidence, which is contrary to your contention.  The record clearly shows that on 20 June 1973, you acknowledged being counseled on not being recommended for reenlistment due to unsuitability.  In regard to your contention that you were never told why you had an appointment at the hospital and you were discharged with allegations of homosexual tendencies, the Board noted that there is no evidence in your record, and you submitted none, to support your contentions.  In regard to your contention that you have been married for 44 years, the Board noted while commendable, was not justification to change your discharge.  Regarding your contention that you need DVA home loan benefits, whether or not you are eligible for benefits is a matter under the cognizance of the DVA, and you should contact the nearest office of the DVA concerning your right to apply for benefits.  If you have been denied benefits, you should appeal that denial under procedures established by the DVA.     
  
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.   
 
Sincerely,