DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON. VA 22204-2490 Docket No. 10619-16 JUL 21 2017 Dear This is in reference to your application for correction ofyour naval record pursuant to the provisions of 10 USC 1552. Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute oflimitations and consider your case on its merits. A three-member panel ofthe Board for Correction ofNaval Records, sitting in executive session, considered your application on 22 June 2017. Your allegations oferror and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings ofthis Board. Documentary material considered by the Board consisted ofyour application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. A review ofyour record shows that you entered active duty with the Marine Corps on 7 December 1973. Between June and September 1974, non-judicial punishment was imposed on you three times for orders violations, disrespect, and unauthorized absence. On 15 October 1974, a medical board recommended you for separation due to chronic back pain that existed prior to your entry into the Marine Corps. However, your disability processing was held in abeyance due to your administrative separation processing for unfitness based on your misconduct and poor attitude. You were notified ofadministrative separation processing for unsuitability on 17 October 1974 and acknowledged your rights. On 26 November 1974, you were discharged for unsuitability and issued a General discharge. Your Physical Evaluation Board case was sent to the Secretary ofthe Navy on 27 January 1975 with notification ofyour administrative separation for unfitness. On 7 February 1975, the Secretary ofthe Navy noted your separation and closed your disability 9ase. The Board carefully considered your arguments that you deserve a disability discharge due to your back condition. Unfortunately, the Board disagreed with your rationale for relief. The Board concluded you were properly discharged for unsuitability based on your poor attitude and three non-judicial punishments for six incidents ofmisconduct. Service regulations mandated that misconduct processing take precedence over disability processing allowing the Marine Corps to separate you for unfitness rather than complete your disability processing. The fact you currently suffer from a number ofdisabilities, including your back pain, did not convince the Board that a change to your narrative reason for separation is required. Your military record contained numerous narratives describing your complete disrespect for authority and unwillingness to perform your assigned work without constant supervision. This evidence and your documented misconduct convinced the Board you were properly processed for unfitness vice a disability. Based on your record, the Board concluded that you were fortunate not receive an Other than Honorable characterization ofservice that would have prevented you from accessing Department ofVeterans Affairs care and benefits. Accordingly, the Board was unable to find an error or injustice warranting a correction to your record and denied your application. The names and votes ofthe members ofthe panel will be furnished upon request. It is regretted that the circumstances of your case are such that favorable action cannot be taken at this time. You are entitled to have the Board reconsider its decision upon the submis§ion of new and material evidence. New evidence is evidence not previously considered by the Board. In this regard, it is important to keep in mind that a presumption ofregularity attaches to all official records. Consequently, when applying for a correction ofan official naval record, the burden is on the applicant to demonstrate the existence ofprobable material error or injustice. Sincerely, Executive Director