DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 6514-08
28 May 2009
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 27 May 2009. The names and votes of the
members of the panel will be furnished upon request. 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 11 February 1966 at age 17
and served for about four months without disciplinary incident.
However, on 27 June 1966, you received nonjudicial punishment
(NUP) for absence from your appointed place of duty and were
awarded restriction for 14 days.
On 21 May 1968 you received NUP for a four day period of
unauthorized absence (UA) and failure to obey a lawful order.
The punishment imposed was reduction to paygrade E-3 which was
suspended for six months. About three months later, on 15 August
1968, you were referred for a psychiatric evaluation to determine
your fitness for duty. You were diagnosed with a long lasting
Character and behavior disorder, found to be unsuitable for
further service, and recommended for an administrative
Separation. On 23 August 1968 you were convicted by special
court-martial (SPCM) of a 25 day period of UA and sentenced to
confinement at hard labor for six months, reduction to paygrade
E-1, and a $360 forfeiture of pay, a portion of which was
suspended for six months.
Subsequently, you were processed for an administrative separation
by reason of convenience of the government due to unsuitability
as evidenced by your diagnosed character and behavior disorder.
The discharge authority directed discharge under honorable
conditions, and on 21 October 1968 you were issued a general
discharge.
Character of gervice is based, in part, on conduct and overall
trait averages which are computed from marks assigned during
periodic evaluations. Your conduct average was 3.9. 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
your youth and desire to upgrade the characterization of your
general discharge. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
general discharge because of your unsuitability, diagnosed
character and behavior disorder, and since your conduct average
was insufficiently high to warrant an honorable discharge.
Accordingly, your application has been denied.
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,
\ and
W. DEAN PF
Executive Direktor
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