DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTiiOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 
Docket No. 6389-15 


This is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 1552. 
Although your application was not filed in a timely manner, the Board found i t in t he interest of justice to waive the statute of 
limitations and consider your case on its merits. A three-meniber panel of the Board for Correction of Naval Records, sitting in 
.executive sessi on, considered your application on 1 April 2016. 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. 

'A review of your record shows that you entered active duty in December 1972. In January 1974, you were convicted at a Special Court Martial (SPCM) for three specifications of unauthorized absence and for sniffing toluol with intent to become intoxicated. Prior to your ~onviction,, you were examined by a mental health professional who diagnosed you with an inadequate personality. Again, on 9 September 1974, you were seen by a mental health professional who diagnosed you with an immature personality. Subsequently, you were convicted at another SPCM for five specifications of unauthorized absence. This led to your administrative separation on 9 April 1975 . 

The Board carefully considered your arguments that you suffered ;erom a concussion and multiple abrasions prior to your discharge that warrants a disability discharge and an upgrade to your characterization of service. Unfortunately, the Board disagreed with your rationale for relief. First, you were processed for administrative separation due to mis.conduct. As a result, you were ineligible for disability processing. Therefore the Board concluded your administrative separation was not an error. Second, the Board also concluded that an injustice does not exist in your case. The injuries you claim serve as the basis for your disability discharge occurred on 21 March 1975, more t han 30 days after you were recommended f or administrative separation for misconduct. In addition, the Board could not find evidence in your record that symptoms from your concussion or abrasions made you unfit for continued naval service. The only complaints noted in your record were for headaches related to your concussion. The Board also noted several references to Thorazine in your medical records. While this is indicative of a condition other than a personality disorder, there was no additional evidence of another disability condition. Accordingly, the Board was unable to find an error or injustice warranting a correction to your record and denied your application. Your request for a personal appearance before the Board has also been denied. The Board felt it had sufficient evidence to make a decision in your case arid your presence was not required. The names and votes of the members of the panel will be furnished upon request . 

It is regretted that the circumstances of your case are such that favorable action cannot be taken. You are entitled to have the Board reconsi der its decision upon submission of new 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 this case. In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records. Consequently, when applyi ng 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, 

Executive Director 
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