DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204·2490 RJO Docket No. 8077-15 HAY 2 0 2016 This is in reference to your application for correction of your naval record pursuant to the provisions of 10 use 1552. Although your application was not filed in a t imely 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 6 May 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 wit h all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. A review of your record shows that you .entered acti ve duty with the Navy on 31 December 1968. On 20 May 1969, you were diagnosed with an immature personality after reporting anxiety symptoms due to family issues and your enlistment contract dispute with the Navy. · On 26 November 196.9, you were notified of administrative separation processing for unsuitability based on your immature personality diagnosis and misconduct that eventually resulted in a summary court­martial conviction. You acknowledged your rights on 30 December 1969 and were discharged on 20 February 1969 for unsuitability with an Honorable charact erization of service. The Board carefully considered your arguments that you suffered from a mental disorder while in the Navy that warranted a disability discharge. Unfortunately, the Board disagreed wit h your rationale for relief. The Board did not find sufficient evidence in your record or application that would support changing the diagnosis issued on 20 May 1969 or result in a new diagnosis for an unspecified mental disorder. You offered no evidence that challenges the diagnosis i _ssued by the Navy or supports a separate diagnosis. Without such evidence, 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 and your presence was not required. The names and votes of the members of the panel will be furnished upon request. I t 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 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 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, Executive Director 2