DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
               
Docket No: 2025-19                                     
Ref: Signature Date 

This is in reference to your application of 1 February 2019 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  18 March 2020.  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, relevant portions of your naval record, and applicable statutes, regulations, and policies.
 
You enlisted in the Navy and began a period of active duty on 11 March 1969.  On 1 September 1970, you were evaluated and diagnosed with Passive-aggressive Personality Disorder, Chronic, Severe and recommended for administrative separation.  Subsequently, on 9 September 1970, you were notified of an administrative action to separate you from the naval service by reason of unsuitability because of the diagnosed medical condition.  Your commanding officer (CO) recommended that you be administratively discharged from the naval service with a general (under honorable conditions) characterization of service.  The discharge authority approved the CO’s recommendation and directed that you be administratively discharged from the naval service with a general (under honorable conditions) characterization of service by reason of unsuitability.  On 29 October 1970, you were so discharged. 

The characterization of service is often based, in part, on the overall trait average (OTA), computed from marks assigned on a periodic basis.  Your OTA was 2.8, which was below the OTA of 3.0 required at the time of your separation for a fully honorable characterization of service. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge.  The Board considered your contention that you were having severe headaches and spent much time in sickbay.  You contend that the doctors could not find the issue so they discharged you.  You contend that after a short time you had, an abscessed tooth removed and no longer had headaches. 

The Board concluded these factors were insufficient to warrant relief in your case given your diagnosed medical condition and OTA.  Regarding your contention, the Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to the contrary, will presume that they have properly discharged their official duties.  Your allegations, unsupported in the record or by submission of documentation failed to overcome that presumption.  Under the totality of the circumstances, the Board discerned no probable material error or injustice in the discharge. 

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, 

3/31/2020