DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 690-08
1 December 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 25 November 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 2 April 1969 at age 17. You
served without disciplinary incident until 24 August 1970, when
you were convicted by special court-martial (SPCM) of failure to
obey a lawful order, disorderly conduct, two specifications of
disrespect, and a 40 day period of unauthorized absence (UA).
You were sentenced to reduction to paygrade E-1, confinement at
hard labor for three months, a $186 forfeiture of pay, and a bad
conduct discharge (BCD). The BCD was subsequently suspended for
six months. .
On 5 October 1970 after undergoing a psychiatric evaluation, you
were diagnosed with a severe emotionally unstable personality
disorder. On 23 December 1970 you received nonjudicial
punishment (NJP) for wrongful possession of a false
identification card and were awarded a $50 forfeiture of pay,
which was suspended for three months.
During the period from 27 January to 1 February 1971 you were in
a UA status for five days. As a result, the suspended BCD was
vacated. Subsequently, the BCD was approved at all levels of
review, and on 12 March 1971, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, desire to upgrade your discharge, and your
explanation regarding your discharge processing. It also
considered your assertion that you should have been discharged
due to a mental defect because a psychiatrist stated that you
were emotionally unstable with a hostile personality.
Nevertheless, these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your misconduct. You were given an opportunity to earn a
better characterization of service when the BCD was suspended for
six months, but you failed to do so by continuing to commit
offenses. Finally, applicable directives state that even if a
Marine is processed for separation by reason of a diagnosed
personality disorder, if the Marine meets the requirement of
another reason for separation, such as misconduct, the Marine
will be separated for the latter reason. 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,
leon’
W. DEAN PFE
Executive D r
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