Dear   
 
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 26 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 Marine Corps in September 1980.  You complained of headache symptoms and commenced treatment in May 1981; symptoms related to a preservice motorcycle accident that occurred in 1977.  On 21 April 1982, you were notified of administrative separation processing for behavior disorder, substandard performance, disregard for authority, and lack of potential for advancement and satisfactory completion of your enlistment.  You were discharged on 30 April 1982 under the Marine Corps Expeditious Discharge Program 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 argue that you were unfit for continued naval service due to your headaches.  Unfortunately, the Board disagreed with your rationale for relief.  Specifically, the Board found insufficient evidence to support a finding that you were unfit for continued naval service.  An examination of your medical record shows that you were evaluated and treated extensively for your headaches in 1981.  A 22 May 1981 neurology report determined that you were medically fit for full duty despite symptoms of a tension headache condition.  Additionally, the Board noted you were found psychiatrically fit for full duty as well. In February 1982, the Bureau of Medicine and Surgery informed your congressional representative by letter that you were considered fit for full duty and not eligible for a medical discharge.  All of these factors led the Board to conclude that it lacked evidence that you were unfit for continued naval service due to a disability condition at the time of your discharge from the Marine Corps.  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.