DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 4653-08
12 February 2009
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 11 February 2009. 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, togethér 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.
On 1 July 1964, you enlisted in the Marine Corps at age 18
after a period of honorable service in the Marine Corps
Reserve. On 21 September 1964, you reported to an overseas
command for duty and subsequently participated in direct
support of military operations in Vietnam until 8 October 1965.
On 19 November 1965, you reported to a stateside command for
duty. On 10 December 1965, you had nonjudicial punishment
(NUP) for a three day period of unauthorized absence (UA). On
13 December 1965, you received a psychiatric evaluation during
which you stated that you were unable to drive in heavy traffic
and could not tolerate hearing a radio or voices in the
barracks. The evaluation diagnosed you as having an inadequate
personality and recommended discharge. On 16 December 1965,
you began a UA that ended on 3 January 1966, a period of about
16 days. On 7 January 1966, you had NUP for the 16 day period
of UA and breaking restriction.
On 10 January 1966, your commanding officer initiated
administrative separation by reason of unsuitability, and
recommended a general characterization of service. In
connection with this processing, you acknowledged the
separation action. On 24 January 1966, the separation
authority approved the recommendation and directed a general
discharge by reason of unsuitability. On 25 February 1966, you
were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth,
psychiatric evaluation, and desire for an honorable discharge.
Nevertheless, the Board found that these factors were not
sufficient to warrant recharacterization of your service. In
this regard, characterization of service for members who are
discharged by reason of unsuitability is determined by their
conduct, actions, and proficiency and conduct marks assigned on
a periodic basis. Minimum acceptable average proficiency and
conduct marks of 3.8 and 4.0, respectively, were required to
form the basis for a fully honorable characterization of
service. Your average proficiency and conduct marks were 3.7
and 3.8, respectively. Given your disciplinary actions and
failure to attain the proficiency and conduct mark averages
required for a fully honorable characterization of discharge,
the Board found that your service warranted a general
characterization of service. Therefore, 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.
The Board noted that as a result of your general
characterization of service, you may be eligible for veterans'
benefits. You should contact the nearest office of the
Department of Veterans Affairs if you desire clarification
about your eligibility for those benefits.
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,
TR aD. é .
ROBERT D. “ZSALMAN
Acting Executive Director
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