DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECOADS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
ELP
Docket No. 128-01
22 June 2001
Dear eau
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, United
States Code, Section 1552.
A three-member panel for the Board for Correction of Navy
Records, sitting in executive session, considered your
application on 20 June 2001. 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, your naval record and applicable statutes, regulations
and policies.
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Marine Corps on 8 August
1968 for four years at age 17. The record reflects that you were
advanced to LCPL (E-3) and served for about 16 months without
incident. However, during the three month period from December
1969 to February 1970 you received two nonjudicial punishments
(NUP) and were convicted by a summary court-martial. Your
offenses consisted of wrongful possession of a hunting knife, two
rounds of .45 caliber ammunition, and a hypodermic needle;
failure to obey a lawful order; absence from your appointed place
of duty; a six-hour period of unauthorized absence; and
disobedience.
On 10 March 1970 you were referred for a psychiatric evaluation.
The examining psychologist described you as an agitated
individual who gave a long history of emotional and interpersonal
difficulty and an inability to complete long-term tasks. The
psychologist stated that you were not motivated for further
service and were acting out in order to receive an administrative
discharge. You were diagnosed with an immature personality dis-
order and recommended for discharge.
On 27 March 1970 you were notified that you were being
recommended for a general discharge by reason of unsuitability
due to the diagnosed character and behavior disorder manifested
by your insecurity, remoteness, and unresponsive attitude. After
being advised of your procedural rights, you declined to consult
with legal counsel or submit a statement in your own behalf.
Thereafter, the commanding officer (CO) recommended a general
discharge by reason of unsuitability. The CO noted that due to
your inherently weak self-identity and personality, you had been
manipulated by a number of undesirable personnel. The CO recom-
mended a general discharge by reason of unsuitability. The
discharge authority approved the recommendation and directed a
general discharge. You were so discharged on 1 May 1970.
Individuals discharged by reason of unsuitability receive the
type of discharge warranted by the service record. Character
of service is based, in part, on conduct and proficiency averages
which are computed from marks assigned during periodic
evaluations. Your conduct and proficiency averages were both
3.6. At the time of your discharge, a minimum average of 4.0 in
conduct was required for a fully honorable characterization of
service.
In its review of your application the Board carefully weighed all
potentially mitigating factors such as your youth and immaturity,
limited education, diagnosed personality disorder, and the fact
that it has been more than 31 years since you were discharged.
The Board noted the earnings statement you submit to support your
contention that you have matured over the years since your
discharge. The Board concluded that the foregoing factors and
contention were insufficient to warrant recharacterization of
your discharge given your record of two NJPs, a summary court-
martial conviction, and the fact that you failed to achieve the
required average in conduct. The Board concluded that the
discharge was proper and no change is warranted. Accordingly,
your application has been denied. The names and votes of the
members of the panel will be furnished upon request.
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 and material
evidence or other matter not previously 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,
W. DEAN PFEIFFER
Executive Director
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