DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 CRS
Docket No: 46-05
19 October 2005
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 5 October 2005. 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. In
addition, the Board considered the advisory opinion furnished by the Navy
Department Board of Decorations and Medals dated 28 July 2005, a copy of
which is attached.
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 Navy on 4 May 1965. The record
reflects that you received nonjudicial punishment and were convicted by a
special court-martial. The offenses included unauthorized absences totaling
eight days, missing movement and failure to obey a lawful order.
A psychiatric evaluation, conducted on 23 December 1966, diagnosed you with
an antisocial personality disorder. Subsequently, you received a second
nonjudicial punishment for absence from your appointed place of duty.
Thereafter, on 27 February 1967 you received a general discharge by reason
of unsuitability due to a diagnosed antisocial personality disorder.
Character of service is based, in part, on one’s conduct and overall traits
averages, both of which are computed from marks assigned during periodic
evaluations. Your conduct and overall trait averages were both 2.3. Minimum
average marks of 3.0 in conduct and 2.7 in overall traits were required for
a fully
honorable characterization of service at the time of your separation.
In its review of your application the Board carefully weighed all
Potentially mitigating factors, such as your youth and the contention that
you served in a combat zone. However, the Board concluded that these
factors were not sufficient to warrant recharacterizatjon of your discharge
given the three disciplinary actions, and since your conduct and overall
trait averages were insufficiently high to warrant a fully honorable
discharge. The Board also concurred with the comments contained in the
advisory opinion to the effect that you did not serve in a combat zone and
are therefore not eligible for the Vietnam Service Medal. 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,
Enclosure
2
DEPARTMENT OF THE NAVY
OFFICE OF TRE -SEOREIARY
1000 NAVY PENTAGON
WASHINGTON, DC 20350-1000
1650
Ser NDBDM/224
28 July 2005
From: Navy Department. Board of Decorations and Medals
To: Chairman, Board for Correction of Naval Records
Subj: REQUEST FOR COMMENTS AND RECOMMENDATION ICO EX-FR
Ref: (a) BCNR hr AEG:jdh Docket. No. 00046-05 of 24 Jan 05
(b) SECNAVINST 1650.1G
End: (1) BCNR File
(2)Service Record
1. As requested by reference (a), Mr. petition for award of the
Vietnam Service Medal has been reviewed. In accordance with reference
(b) and based. on Mr. service record, there is no evidence he was
ever present. in the required geographic area to earn this award.
Therefore, he is not. eligible for the Vietnam Service Medal.
2. Enclosures (1) and (2) are returned as requested. The point. of
contact on this matter is CDR
By Direction
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