DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJIR
Docket No: 9527-08
19 August 2009
This igs 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 18 August 9009. 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 29 April 1977 at age 18.
About nine months later, on 4 January 1978, you were referred for
a psychiatric evaluation because of a gituational maladjustment
problem as evidenced by repeated psychiatric evaluation visits
for vague and nonspecific complaints. You reported that you
wanted out of the Marine Corps, but were afraid to discuss your
desires because of the possible consequences. You were
subsequently diagnosed with a situational personality disorder
and recommended for administrative counselling.
You served without disciplinary incident until 21 August 1978,
when you received nonjudicial punishment (NOP) for a 23 day
period of unauthorized absence (UA}. The punishment imposed was
extra duty and restriction for 60 days and a $440 forfeiture of
pay.
During the period from 3 to 5 January 1979 you were again in a UA
status. However, the record does not reflect the disciplinary
action taken, if any, for this misconduct. On 9 July 1979 you
were referred for a psychiatric evaluation after being in a UA
status on three occasions. Again you reported that you wanted
out of the Marine Corps and that you could not stay out of
trouble. You also continued to perform badly and were
recommended for an administrative separation. At that time you
were diagnosed with a longstanding significant personality
disorder. Shortly thereafter, on 23 July 1979, you received NJP
for a 39 day period of UA and were awarded a reduction to
paygrade E-2, restriction for 60 days, and a $484 forfeiture of
pay.
On 2 July 1979, at the expiration of your enlistment, you were
issued a general discharge certificate. In this regard,
character of service is based, in part, on conduct and
proficiency averages which are computed from marks assigned
during periodic evaluations. An average of 4.0 in conduct was
required at the time of your discharge for a fully honorable
characterization of service. Your conduct average was 3.6 at the
time of your discharge.
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 your discharge. Nevertheless,
the Board concluded these factors were not sufficient to warrant |
recharacterization of your discharge because of your repetitive
misconduct, which resulted in two NUPs for lengthy periods of UA,
and since your marks were insufficiently high to warrant a fully
honorable characterization of service. 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,
W. DEAN PF
Executive
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