DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

DocketNo. 1782-17 
OCT 09 2017 

Dear

This is in reference to your application for correction ofyour naval record pursuant to the provisions of 10 use 1552. 

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 case on its merits. A three-member panel ofthe Board for Correction ofNaval Records, sitting in executive session, considered your application on 31August2017. The names and votes ofthe members ofthe 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 ofthis Board. Documentary material considered by the Board consisted of your application, together with all matenal submitted in support thereof, relevant portions of your naval record and applicable statutes, regulations and policies. 

A review ofyour record shows that you entered active duty with the Navy in October 1974. You were treated for a laceration above your eye on 4 May 1976 but reported memory problems on 3 June 1976. Non-judicial punishment was imposed on you for unauthorized absence from your appointed place ofduty on 28 June 1976 and you were counselled for poor performance on 28 August 1976 for lack ofinterest, lack of initiative, and unacceptable appearance. You were processed for early release from your enlistment and discharged on 7 September 1976 with a General characterization ofservice. In 2016, the Department of Veterans Affairs issued you a combined I 00% disability rating for service connected disabilities. 

The Board carefully considered your arguments that you deserve a disability discharge and upgrade to your characterization of service due to the head injury you suffered in May 1976. You assert the symptoms related to your head injury negatively impacted your ability to perform your assigned duties. Unfortunately, the Board did not agree with your rationale for relief. First, the Board could find no medical evidence to support your assertion that you were unfit for continued naval service due to a head injury. Your medical record shows that you were physically cleared for separation on 27 August 1976 with no reference to symptoms related to a head injury noted in the medical report. This convinced the Board that you were physically fit to perform the duties of your office, grade, rank or rating at the time of your discharge. Second, the Board did not find your current VA rating for service connected disabilities persuasive as evidence ofunfitness in 1976. In the Board's opinion too much time had elapsed between your discharge and the date ofthe VA's rating. Additionally, eligibility for compensation and pension disability ratings by the VA is tied to the establishment of service connection and is manifestation-based without a requirement that unfitness for military duty be demonstrated. Third, the Board did not find sufficient evidence to upgrade your characterization of service. You were counselled for poor performance and general apathy toward your military duties shortly before your discharge. This evidence convinced the Board that your general characterization ofservice was appropriate despite evidence you suffered a laceration to your head in May 1976. Accordingly, the Board was unable to find an error or injustice warranting a correction to your record and denied your application. 

It is regretted that the circumstances ofyour case are such that favorable action cannot be taken at this time. You are entitled to have the Board reconsider its decision upon the submission 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 of an official naval record, the burden is on the applicant to demonstrate the existence ofprobable material error or injustice. 


Sincerely, 

Executive Director