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NAVY | BCNR | CY2007 | 05426-07
Original file (05426-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
WASHINGTONDC 20370-B100
CRS
Docket No: 5426—07
27 May 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 21 May 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.
The Board found that you enlisted in the Marine Corps on 15 July 1970. On 4 March 1971 you received nonjudicial punishment for absence from appointed place of duty and willful disobedience of a lawful order. A psychiatric evaluation conducted on 23 August 1971 diagnosed you with an antisocial personality disorder. On 17 September 1971 you received a general discharge by reason of unsuitability due to a personality disorder. The Board noted that your conduct and proficiency averages were 4.1 and 3.1, respectively. A minimum proficiency mark of 3.8 was required for a fully honorable characterization of service at the time of your discharge from active duty. You did not meet that criterion because of your proficiency marks. 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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