DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
. WASHINGTON DC 20370-5100
SIN
Docket No: 02500~-09
13 January. 2010
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 12 January 2010. 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 ali 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 Navy and began a period of active duty on
14 April 1971 at age 19. On 29 November 1971, you were convicted
by summary court-martial (SCM) of 19 days of unauthorized absence
(UA). On 17 July 1972, you submitted a request for exemption
under a Navy drug program. It was later determined that you were
drug dependent, and recommended that you be enrolled in a drug
rehabilitation center. On 19 July 1972, you were the subject of
a psychiatric evaluation, which diagnosed you with an emotionally
unstable personality and drug abuse. Additionally, the report
Stated that you had a poor attitude toward authority, used drugs,
had inadequate motivation for continued service, and continued to
shave an inability to cope with. the stress of military life. It |
was recommended that you be separated from the service following
drug rehabilitation. On 15 August 1972, you were convicted by a
second SCM of 24 days of UA. On 15 August 1972, you were
notified of pending administrative separation action by reason of
convenience of the government due to the diagnosed personalit
disorder. You were afforded all of your procedural rights —
including the opportunity to submit a statement on your behalf.
On 21 August 1972, your commanding officer forwarded your case
recommending separation due to unsuitability. On 5 September
1972, the separation authority directed separation by reason of
unsuitability with a general discharge. You were so discharged
on. 8 September 1972 based on your conduct and proficiency marks.
Characterization of service is based in part on conduct and
proficiency averages computed from marks assigned on a periodic
basis. Your conduct average was 2.7. ° At the time of your
service, a conduct average of 3.0 was required for a fully
honorable characterization of service.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, overall
record of service, and character letters. Nevertheless, the
Board found that these factors were not sufficient to warrant a
change in your characterization of service given your two SCM
convictions, diagnosed personality disorder and defective
attitude. 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,
W. DEAN P
Executive eLor
NAVY | BCNR | CY2010 | 07609-10
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. An average of 4.0 in conduct was required at the time of your separation for a fully honorable characterization of service. Further, Marines with an extensive record of misconduct, such as yours, normally receive discharges under other than honorable conditions, and as such the Board noted...
NAVY | BCNR | CY2013 | NR3862-13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 March 2014. 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. Nevertheless, the Board found that these factors were not sufficient to warrant a change in your characterization of service given the seriousness...
NAVY | BCNR | CY1998 | 04695-98
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 August 1999. The record further reflects two periods of UA from 2-10 June and 22-23 June 1971, for which no disciplinary action is shown in the record. 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.
NAVY | BCNR | CY2009 | 04140-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 March 2010. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2002 | 03468-01
3468-01 31 January 2002 Chairman, Board for Correction of Naval Records Secretary of the Navy (a) 10 U.S.C.1552 (b) Navy-Marine Corps Awards Manual (1) DD Form (2) Case Summary (3) Subject's Naval Record 149‘w/attachments I From: To: Subj: Ref: Encl: Pursuant to the provisions of reference (a), Petitioner, a 1. former enlisted member of the Navy, requesting, in effect, show a more favorable type of discharge than the general discharge issued on 19 May 1972 and that he be awarded the...
NAVY | BCNR | CY2009 | 01122-09
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. You were notified of pending administrative separation action by reason of convenience of the government due to the diagnosed disorder. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...
NAVY | BCNR | CY2010 | 07585-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 May 2011. 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 polic.es.. After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the...
NAVY | BCNR | CY2010 | 06243-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 March 2011. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2008 | 03144-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 February 2009. Nevertheless, the Board found that these factors were not sufficient to warrant a change in your characterization of service given your two SPCM convictions, the diagnosed character disorder, and your failure to attain the required average in conduct. Consequently, when applying for a correction of an official naval record, the burden is on the...
NAVY | BCNR | CY2001 | 00128-01
A three-member panel for the Board for Correction of Navy Records, sitting in executive session, considered your application on 20 June 2001. 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. The Board noted the earnings statement you submit to support your contention that you have matured over the years since your discharge.