DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD SJN
2NAVYANNEX Docket No: 02384—05
WASHINGTON DC 20370-5100 21 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 19 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.
After careful and conscientious consideration of the entire record, the
Board found the evidence submitted was insufficient to establish the
existence of probable material error or injustice.
You enlisted in the Marine Corps on 27 October 1966 at age 18. During the
period from 15 July 1968 to 4 May 1970 you received three nonjudicial
punishments for missing formation, dereliction of duty, and sleeping on
post.
On 22 May 1970 you were notified of pending administrative separation
action by reason of convenience of the government due to unsuitability as
evidenced by your substandard personal behavior. Additionally, you had a
medical problem to such an extent as to adversely affect your performance
of duty. You were afforded all of your procedural rights including the
opportunity to submit a statement on your behalf. You elected not to make
a statement and on 17 June 1970 the commanding general directed separation
by reason of unsuitability with a general discharge. You were so
discharged on 18 June 1970.
The Board, in its review of your entire record and application, carefully
weighed all potentially mitigating factors, such as your youth, combat
service in Vietnam, and your contention that you would receive and
honorable discharge six months after
separation. However, the Board found that these factors were not sufficient
to warrant a change in your characterization of service given the three
NJP’s. Further, there is no provision in the law or regulations that allows
for recharacterization automatically after six months or due solely to the
passage of time. 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,
2
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