DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
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Docket No: 8827-09
16 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 15 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 15 July 1966 at age 17. You
served for about seven months without disciplinary incident, but
‘during the period from 3 February to 14 August 1967, you received
nonjudicial punishment (NUP) on four occasions and were convicted
by summary court-martial (SCM) on two occasions. Your offenses
were four periods of absence from your appointed place of duty,
seven periods of failure to go to your appointed place of duty,
failure to obey a lawful order, sleeping on post, and two
specifications of disobedience.
On 6 April and 16 September 1968 you were referred for
psychiatric evaluations because of your disciplinary problems.
You were diagnosed with a passive aggressive personality,
paranoid tendencies, and a character and behavior disorder.
Shortly thereafter, on 3 October 1968, you were convicted by
special court-martial (SPCM) of communicating a threat. On 9
December 1968 you received your fifth NJP for failure to go to
your appointed place of duty and a four day period of
unauthorized absence (UA).
On 6 January 1969 you received your sixth NJP for sleeping on
post. On 31 January 1969 you were again referred for a
psychiatric evaluation because of your disciplinary problems. At
that time you were recommended for an administrative separation
due to your diagnosed character disorder. Nonetheless, on 13
February 1969, you were convicted by SCM of two specifications of
failure to obey a lawful order and wrongful possession of a
government driver’s license,
Subsequently, you were notified of pending administrative
separation by reason of unsuitability due to your diagnosed
character and behavior disorder and inability to expend
constructive effort. After waiving your procedural rights, your
commanding officer recommended discharge under honorable
conditions by reason of unsuitability. The discharge authority
approved this recommendation and directed your commanding officer
to issue you a general discharge by reason of unsuitability, and
on 6 March 1969 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 which resulted in six NUPs and four
court-martial convictions, and your diagnosed character and
behavior 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 discharge. 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,
Wane)
W. DEAN PFERRFRR
Executive ror
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