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

Docket No. 3688-19 
Ref: Signature Date 

This 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 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 case on its merits.  A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 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 and applicable statutes, regulations and policies.
   
A review of your record shows that you entered active duty with the Navy in June 1965.  During your Navy career, non-judicial punishment was imposed on you for unauthorized absences on May 1966, November 1966, January 1967, and June 1967.  You were also convicted by a summary court-martial on May 1967 for unauthorized absence.  Based on your history of misconduct, you were processed for administrative separation due to unfitness and discharged on 21 July 1967 with a General characterization of service. 

The Board carefully considered your arguments that you deserve a change to your narrative reason for separation to disability.  You assert that you require assistance with medically related travel and co-pays.  You also state that you took an officer’s word during your separation process that you would receive benefits.  Unfortunately, the Board disagreed with your rationale for relief.  The Board concluded that you were properly administratively separated for your misconduct vice disability. In the Board’s opinion, your four non-judicial punishments and one summary court-martial conviction supported the Navy’s decision to separate you for unfitness for naval service.  The Board found no evidence to indicate you were not mentally culpable for your misconduct and determined you would have been ineligible for disability processing due to your administrative separation for misconduct regardless of contrary information that may have been relayed to you.  Regarding disability benefits related to your Department of Veterans Affairs medical treatment, the Board determined these fall outside the jurisdiction of the Board. Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record. 

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,