DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 SUN
Docket No: 10966-09
3 August 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 28 July 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 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 12 July 1968. The Board found that the record reflects
that you received three nonjudicial punishments (NJP'’s) for
three periods of unauthorized absence (UA) totaling 46 days, and
incapacitation for the proper performance of duty. You were also
the subject of a psychiatric evaluation that diagnosed you with a
personality disorder. The report stated, in part, that you
simply could not go any further in the Marine Corps, had thoughts
of suicide, and were found not to be motivated for psychiatric
help. Subsequently, you were notified of pending administrative
separation action by reason of unsuitability due to the diagnosed
personality disorder. You were afforded all of your procedural
rights including the opportunity to submit a statement on your
behalf. Your case was forwarded and it was directed that you be
separated by reason of unsuitability with a general discharge.
You were so discharged on 15 December 1971.
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 your three NJP’s, and the
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,
\Suike)
W. DEAN PF
Executive reco
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