DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8850-18 Ref: Signature Date This letter is in reference to your application of 27 July 2018 for correction of your naval record pursuant to Title 10, United States Code, Section 1552. After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found that the evidence submitted was insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. 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 application on its merits. A three-member panel of the Board, sitting in executive session, considered your application on 11 September 2019. The names and votes of the members of the 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 of this Board. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. You enlisted in the Navy and began a period of active duty on 8 January 1965. On 16 March 1965, you were the subject of an aptitude board due to your unsatisfactory progress in training. Your company commander characterized you as “unreliable, disobedient, and lazy,” stated that your “progress in training was highly unsatisfactory,” and that you resented authority. All reasonable training resources had been utilized, but you failed to demonstrate an acceptable level of performance. A psychiatric evaluation stated in part that you lacked the resources and disposition necessary to meet the demands of the Navy. It was also noted that you had no mental or physical disability that would warrant a discharge reason of physical/mental disability. Subsequently, you were involuntarily processed for entry-level separation by reason of unsuitability. In connection with this processing, you would have acknowledged the separation action and the separation authority would have approved a recommendation for separation. The record shows that on 19 March 1965, you were discharged with an honorable characterization of service by reason of unsuitability. You requested that the Board correct several blocks on your DD214 reflecting your race, highest civilian education level attained, and type of discharge. The Board carefully weighed all potentially mitigating factors in your case, including your desire to be eligible for education benefits. The Board concluded these factors were not sufficient to warrant relief in your case. 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. Regarding the block for race, the Navy had stopped indicating race on discharge documents at that time, therefore your form is correct. Regarding the block for the highest education level attained, the form is correct in reflecting that you had one year of high school. Regarding the block reflecting discharge, during that timeframe discharge or transfer is placed in that block therefore the term discharge is correct on your form. The characterization of service (block 13) reflects that you have an honorable discharge. Regarding your concern about eligibility for education benefits whether or not you are eligible for benefits is a matter under the cognizance of the Department of Veterans Affairs (VA), and you should contact the nearest office of VA concerning your right to apply for benefits. If you have been denied benefits, you should appeal that denial under procedures established by the VA. It 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 the submission of new matters, which will require you to complete and submit a new DD Form 149. New matters are those not previously presented to or considered by the Board. 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, 10/21/2019