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NAVY | BCNR | CY2007 | 00589-07
Original file (00589-07.rtf) Auto-classification: Denied
                                    BOARD FOR CORRECTION OF NAVAL RECORDS
                                             2 NAVY ANNEX
          WASHINGTON DC 20370-5100
        

                                                      TRG
                                                      Docket No: 589-07
                                                                                           2 April 2008



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 1 April 2008. 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.
You enlisted in the Marine Corps on 15 May 1954 at age 18. Sometime in July 1956, you were admitted to the hospital. On 28 August 1956 you were convicted by a summary court-martial of two instances of disrespect and for drunkenness. The court sentenced you to 30 days restriction and a reduction in grade to private. On 31 August 1957 you were diagnosed with an antisocial personality and an administrative discharge was recommended.
On 19 September 1956 your commanding officer recommended that you be discharged for unsuitability. After review, the discharge authority directed discharge by reason of unsuitability. You were issued a general discharge on 12 October 1956.
Character of service when an individual is discharged by reason of unsuitability is based, in part, on conduct and proficiency averages, which are computed from marks assigned during periodic evaluations. Your conduct average was 3.7. A minimum average mark of 4.0 in conduct was required at the time of your separation 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 period of good service. The Board found that these factors were not sufficient to warrant recharacterization of your discharge given your disciplinary record and failure to achieve the required average mark in conduct. The Board concluded that the discharge was proper as issued 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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