DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 mpaq
Docket No: 7825-07
28 August 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 26 August 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 4 March 1966 at age 17.
During the period from 10 August to 7 September 1966, you were
convicted by a summary court-martial and received nonjudicial
punishment. Your offenses were two periods of unauthorized
absence totaling about 12 days and disobedience. On 9 May 1967
you arrived in Vietnam and subsequently participated in several
Operations. You left Vietnam on 19 December 1967. Subsequently,
you were an unauthorized absentee on two occasions totaling about
23 days for which there is no disciplinary action in the record.
A special court-martial convened on 6 November 1968 and convicted
you of an unauthorized absence of about 48 days. The sentence of
the court did not include a bad conduct discharge. On 26 March
1969, a medical board found that you had a passive-aggressive
personality and recommended your discharge from the Marine Corps.
This recommendation was approved and you were issued a general
discharge on 9 April 1969.
Character of service is based, in part, on conduct and
. proficiency averages, which are computed from marks assigned
during periodic evaluations. Your conduct mark average is 3.1.
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 youth, service in Vietnam
and the diagnosed passive-aggressive personality disorder. The
Board found that these factors and contention were not sufficient
to warrant recharacterization of your discharge given your
disciplinary record which resulted in low marks in conduct and
failure to meet the conduct mark average requirement. 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,
\s
W. DEAN PF
Executive D2 r
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