DEPARTMENT OF THE NAVY
BOARD FOR C O R R E C T I O N O F NAVAL RECORDS
2 NAVY ANNEX
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
WME
Docket No: 9618-02
1 May 2003
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10 of the
United States Code section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 30 April 2003. 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 'he entire
record, the Board found that the evidence submit~tSd was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Marine Corps on 8
December 1970 for three years at age 17. On 23 January 1971 you
received a psychiatric evaluation in which the attending
psychiatrist recommended to the aptitude board that you be
separated for unsuitability due to a character and behavior
disorder and a defective attitude. In this regard, the
evaluation noted that you had falsely claimed to be a drug user,
received nonjudicial punishment for disrespect, and refused to
train.
On 25 January 1971, you were referred to an aptitude board,
which recommended that you receive a general discharge due to
unsuitability, which was approved by the commanding officer.
On 25 January 1971 you were notified that separation action was
being initiated by reason of unsuitability due to a character
and behavior disorder and a defective attitude. You were
advised of and waived your procedural rights, including your
right to make a statement. Accordingly, on 27 January 1971 you
received a general discharge by reason of unsuitability.
In its review of your application the Board carefully weighed
all potentially mitigating factors such as your youth and
immaturity. However, the Board found that you were given
numerous opportunities to succeed while at recruit training,
however, you were either unwilling or unable to adapt to the
Marine Corps environment. Furthermore, after these numerous
opportunities, you refused to continue your training. Given
these factors and your failure to complete recruit training, the
Board concluded that the your general discharge was appropriate
and should not be changed. 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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