DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TT
Docket No: 6503-09
3 June 2010
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 2 June 2010. 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 9 May 1975 at age 17 and
served without disciplinary incident until 27 March 1976, when
you received nonjudicial punishment (NTP) for a 13 day period of
unauthorized absence (UA). On 16 August 1977 you received your
second NUP for absence from your appointed place of duty.
On 6 March 1978 you were referred for a psychiatric evaluation
because of your repeated misconduct. You were diagnosed with a
chronic inadequate personality with emotionally unstable features
that existed prior to your enlistment. As a result, you were
recommended for an expeditious administrative separation.
Shortly thereafter, on 22 March 1978, you were convicted by
special court-martial (SPCM) of a 129 day period of UA. You were
sentenced to confinement at hard labor for 75 days, reduction to
paygrade E-1, and a $1,050 forfeiture of pay.
Subsequently, you were processed for an administrative separation
by reason of unsuitability due to the diagnosed character
disorder. After waiving your procedural rights, your commanding
officer originally recommended discharge under other than
honorable conditions by reason of misconduct due to your two
NJPs, SPCM, and 216 days of lost time. However, this
recommendation was changed to general under honorable conditions
by reason of unsuitability solely because of your psychiatric
diagnosis of a character disorder. On 17 August 1978 the
discharge authority directed your commanding officer to issue you
a general discharge under honorable conditions by reason of
unsuitability, and on 13 September 1978, you were so discharged.
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 the seriousness
of your repetitive misconduct and unsuitability for further
service due to your diagnosed character disorder. Finally,
Sailors with an extensive record of misconduct, such as yours,
normally receive discharges under other than honorable
conditions, and as such the Board noted that you were fortunate
to receive a general 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,
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