Docket No: 5315-19  
Date: Ref Signature 

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 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 8 July 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 Maine Corps and began a period of active duty on 25 June 1963.  On 14 September 1963, you received non-judicial punishment (NJP) for making a false statement.  On 12 October 1964, you were convicted at a special court-martial (SPCM) for wrongful appropriation.  On 2 November 1965, you were found physically unfit by a medical evaluation board as a result of your diagnosis of syncope, possibly related to passive aggressive personality disorder, which existed prior to entry in the Marine Corps.  Your record notes your initial syncopal attack occurred at the age of 14.  On the same day, you signed and acknowledged your medical evaluation board proceedings, and agreed to administrative discharge from naval service.  On 10 November 1965, you received a mark of 3.9 in conduct, and you were discharged with a general characterization of service by reason of physical disability without severance. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and your contention you fell from a 30 foot rope while in the Marine Corps.  You contend that when you were enlisting you stated that you passed out at the age of 6 or 7 years old because of a virus.  You state, the Marine Corps made you get a letter to reflect you were healed, therefore, you question why you were allowed entry into the Marine Corps.  The Board noted that the record contains documented evidence which is contrary to your contentions.  Please note, your characterization encompasses a review of your entire record, weighing significant positive and negative aspects of your overall service record.  The Board in its review determined you were assigned the appropriate characterization of service, and discerned no probable material error or injustice. 
 
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,