DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
JRE
WASHINGTON DC 20370-5100
Docket No. 11027-08
12 December 2008
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 4 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Marine Corps on 14
January 1974. You received nonjudicial punishment on 14 June
1974 for a disrespect offense. You underwent psychiatric
evaluation on 22 July 1974. Upon completion of the evaluation,
you were given a diagnosis of a personality disorder, and
recommended for administrative discharge. You received a second
nonjudicial punishment on 1 November 1974, for absence without
authority from 9 August to 24 October 1974. On 39 January 1975,
you were convicted by special court-martial of larceny of
multiple items of personal property from two service members.
vou were sentenced to confinement at hard labor for four months,
forfeiture of $100.00 pay per month for four months, and a bad
conduct discharge. You were separated from the Marine Corps on
29 July 1975 with a bad conduct discharge, upon completion of
the appellate review of your conviction and sentence.
The Bound noted that a personality disorder is not considered to
be a disability under the laws administered by the military
departments. Although a personality disorder may cause a
service member unsuitable for further service, it will not
render him unfit for duty by reason of physical disability. It
appears that no action was taken on the recommendation for
administrative discharge because of the acts of misconduct you
committed after the recommendation was made. You would not have
been entitled to disability separation or retirement even if you
had suffered from a more serious mental disorder which rendered
you unfit for duty, because your trial by court-martial and
punitive discharge would have taken precedence over and
precluded disability evaluation processing in your case.
In view of the foregoing, and as you have not demonstrated that
it would be in the interest of justice for the Board to upgrade
your discharge as a matter of clemency, 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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