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NAVY | BCNR | CY2008 | 10094-08
Original file (10094-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

SUN
Docket No: 10094-08
24 August 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 18 August 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, 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 and began a period of active
duty on 1 December 1958 at age 17. During the period from 24
July 1961 to 12 February 1962, you received three nonjudicial
punishments (NJP‘’s) for two periods of unauthorized absence . (UA)
totaling seven days, and failing inspection. On 13 February
1962, you were admitted to the hospital after an overdose of |
pills. On 23 February 1962, a psychiatric evaluation stated, in
part, that you had a history of suicidal gestures, difficulty of
mounting tension, sleeplessness, and suffering with depression
and irritability. Based on this information, you were diagnosed
with a personality disorder.

Based on the information currently contained in your record it
appears that administrative separation action was initiated by
reason of unsuitability due to the diagnosed personality
disorder. You would have been afforded alli of your procedural
rights including the opportunity te submit a statement on your
behalf. Your commanding general directed separation by reason of
unsuitability with a general discharge, You were so discharged
on 5 June 1962.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant a change in your
characterization of service given the three NUJP’s and diagnosed
personality disorder. 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,

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