DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 8155-07
9 October 2008
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 8 October 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps on 28 October 1958 at age 17 and
served without disciplinary incident until 15 August 1959, when
you received nonjudicial punishment (NJP) for absence from your
appointed place of duty. About five months later, on 5 January
and again on 19 February 1960, you received NUP for failure to
obey a lawful order and absence from your appointed place of
duty.
On 9 June and again on 1 July 1960, after undergoing medical
evaluations, you were recommended for an administrative discharge
due to being diagnosed with conversion, passive aggressive, and
schizophrenic reactions. Shortly thereafter, you were processed
for discharge by reason of unfitness due to the diagnosed
conversion, passive aggressive, and schizophrenic reactions. The
discharge authority directed separation under honorable
conditions by reason of unfitness, and on 4 August 1360 you were
so discharged and assigned an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to have your discharge upgraded to
honorable. It also considered your assertion that you received
low conduct and proficiency marks even though you did not have
any disciplinary infractions. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge because of your repetitive misconduct which
resulted in three NUPs. Finally, there is documented evidence in
the record that is contrary to your assertion of being unjustly
assigned low conduct and 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,
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