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

Docket No: 357-17  

From:  Chairman, Board for Correction ofNaval Records  
To:  Secretary of the Navy  

Subj:  REVIEW OF NAVAL RECORD ICO  

Ref:  (a) Title 10 U.S.C. 1552  
Encl :  (1) DD Form 149 w/attachments  
(2) Subject' s naval record  

1. Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to change hi s characterization of service to Honorable. 

2. The Board, consisting of                            , reviewed Petitioner's 
allegations of error and injustice on 10 August 2017 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consisted of the enclosures, naval records, and applicable statutes, regulations and policies. 

3. The Board, having reviewed all the facts of record pertaining to Petitioner's allegations of error and injustice, finds as follows: 

a. Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department ofthe Navy. He previously applied to the Board for an upgrade to his characterization of service and was denied on 15 March 2016. 

b. Petitioner entered active duty with the Marine Corps on 1 March 1974 despite possessing an AFQT score of 49 and a 9th grade education. During basic training, he struggled academically and failed every academic examination. As a result of his academic issues and perceived apathy, he was referred to an Aptitude Board on 17 April 1974. 

c. On 23 April 1974, the Aptitude Board recommends Petitioner's separation for Mental Inaptitude and removes Apathy as a basis for separation. The Aptitude Board recommends Petitioner be separated with an Honorable discharge and criticizes the Marine Corps for allowing Petitioner to enlist despite a limited intellectual capacity. 

d. Petitioner is discharged on 26 April 1974 with a General characterization of service for unsuitability after the Separation Authority disagrees with the recommended characterization of service. 

e. Subsequent to his discharge, the Department of Veterans Affairs (VA) rated Petitioner for a number of unspecified disability conditions. He is rated 100% disabled as of 1 December 2016. 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting the following corrective action. 

The Board determined that an injustice exists in Petitioner' s record that warrants changing his characterization of service to Honorable. Despite the lack of error in his record, the Board concluded that Petitioner should not have been enlisted due to his lack of intellectual capacity to complete training. The Board relied upon the extremely low AFQT score and Petitioner' s inability to pass any academic examinations during his brief period of active service to determine Petitioner likely should not have been accepted for enlistment. Despite this finding, the Board concluded that Petitioner was physically qualified to enlist and did not suffer from any physical disabilities that prevented him from performing his required duties. The Petitioner' s VA disability rating did not persuade the Board that he was suffering from a qualifying disability, at the time of his discharge, that made him unfit for continued naval service. There was no evidence of a nexus between any service connected disabilities and his inability to complete his basic training requirements. 

RECOMMENDATION 

That Petitioner's naval record be corrected, where appropriate, to show that: 

Petitioner' s received an Honorable characterization ofservice upon his discharge from the Marine Corps on 26 April 1974. No other change is required. 

A copy of this Report of Proceedings will be filed in Petitioner' s naval record. 

4. It is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board' s proceedings in the above entitled matter. 

5. Pursuant to the delegation ofauthority set ou n Section ( e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(e)) and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of reference (a), has been approved by the Board on behalf of the Secretary of the Navy. 


Executive Director