Docket No: 3549-19 
Ref: Signature date              
              
 
MR 

Dear Mr. : 
 
This letter is in reference to your application 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 the evidence with respect to your request to upgrade your characterization of service was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.     
 
Although you did not file the application in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider the application on its merits.  A three-member panel of the Board, sitting in executive session, considered the application on 12 August 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 the application, together with all material submitted in support thereof, relevant portions of your naval record, applicable statutes, regulations, and policies. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel would 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 service on 19 September 1983.  On 26 October 1983, you were referred to the Recruit Evaluation Unit because your adjustment to military service was noted to be poor.  It was noted that you did not display the appropriate or expectable reaction to recruit training.  You were diagnosed with an adjustment disorder with depressed mood and recommended for discharge.  Although your complete separation documentation was not in your official military personnel file, on 3 November 1983, an aptitude board recommended discharge by reason of convenience of the government.  On 10 November 1983, you were discharged with an entry level separation (ELS), an uncharacterized character of service, and other physical/mental condition – personality disorder narrative reason for separation.    
 
The Board carefully weighed all potentially mitigating factors, such as your record of service and desire to upgrade your discharge.  The board also considered your contentions regarding the circumstances surrounding your discharge, including that you were discharged because you were “outed” for being homosexual, and you were given the choice between receiving a dishonorable discharge or an “other than honorable condition of mental disorder.”  The Board additionally considered your contention that you are still receiving treatment for a medical problem relating to severely ingrown toenails, which caused sepsis and excruciating pain, yet cannot avail yourself of treatment offered by the Department of Veterans Affairs due to the characterization of your discharge.  The Board concluded these factors and assertions were not sufficient to warrant the recharacterization of your discharge given your lack of documentation to support your contentions.  The Board noted that you have an uncharacterized characterization of service.  An ELS and uncharacterized service characterization are authorized when separation processing is initiated in the first 180 days of active service.  At the time of your discharge you completed 52 days of active service. 
 
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  
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 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,