DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 2013-08
10 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 9 December 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 25 June 1962 at age 17 and
served without disciplinary incident until 11 April 1963, when
you were convicted by special court-martial (SPCM) of a 16 day
period of unauthorized absence (UA). Shortly thereafter, on 11
July 1963, you received nonjudicial punishment (NJP) for a 13 day
period of UA.
On 29 July 1963 you were referred for a psychiatric evaluation
because you were depressed and agitated. You were diagnosed with
a passive aggressive reaction and recommended for an
administrative separation. As a result you were processed for
discharge by reason of unsuitability due to a character and
behavior disorder as evidenced by the passive aggressive
reaction. The discharge authority directed a discharge under
honorable conditions by reason of unsuitability, and on 23
September 1963, you were issued a general discharg..
Character of service is based, in part, on conduct and overall
trait averages which are computed from marks assigned during
periodic evaluations. Your conduct average was 3.0. An average
of 4.0 in conduct was required at the time of your separation for
a fully honorable characterization of service.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as the
passage of time. It also considered your youth and assertion
that your discharge was due to family problems. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of your repetitive
misconduct, which resulted in NUP and a court-martial conviction,
and since your conduct average was insufficiently high to warrant
an honorable discharge. 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 und ;
a
W. DEAN P
Executive rector
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