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 relevant portions of your naval record and your application, 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, sitting in executive session, considered your application on 27 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 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 October 1974.  Non-judicial punishment was imposed on you for wrongful use and transfer of habit forming drugs on 5 June 1975.  You were subsequently discharged for unsuitability on 16 July 1975 and discharged with a General characterization of service.  Post-discharge, you suffered from chronic mental health and other physical conditions.  You assert in your application that you were awarded a 100% disability rating by the Department of Veterans Affairs (VA) years after your discharge. 
 
The Board carefully considered your arguments that you deserve a disability discharge or placement on the disability retirement list.  You assert that you were unfit for continued naval service at the time of your discharge due to a drug overdose and physical injuries resulting from a beating you received while on active duty.  Unfortunately, the Board disagreed with your rationale for relief.   
 
In reviewing your record, the Board found insufficient evidence to support a finding that you were unfit for continued naval service at the time of your discharge.  You were discharged for unsuitability based on your drug related misconduct less than two months after non-judicial punishment was imposed.  Your performance record documents that you were performing your duties near fleet standards despite your misconduct and alleged disability conditions.  The fact the VA determined you merit a disability rating for service connected conditions many years after the fact was not persuasive evidence to the Board that you were unable to perform the duties of your office, grade, rank or rating in 1975.  The complete absence of medical evidence to support your allegations of being beaten or incapacitated for duty led the Board to conclude the preponderance of the evidence does not support relief in your case.  The Board noted that your post-discharge medical reports were entirely based on medical history you provided to your providers and is not supported by documentary evidence in your military record.  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,