DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX REC
WASHINGTON DG 20370-5100 Pocket No: 12079-09
12 August 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 11 August 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 on 20 February 1975, at age 18.
On 26 March 1975, you received nonjudicial punishment (NIP) for
being in an unauthorized absence (UA) status. On 4 April 1975,
you had a mental health evaluation and it was determined that you
were unfit for military duty. In addition, you were diagnosed
with an immature personality disorder, an inability to tolerate
the structure of the military, and it was recommended that you be
separated. On 15 April 1975, the.command conducted an aptitude
board and it recommended that you be discharged based on your
behavior and failure to disclose your pre-service civilian police
record. Your commanding officer recommended that you be
administratively separated by reason of unfitness and receive a
general discharge. You were afforded all of your procedural
rights including the opportunity to submit a statement on your
behalf, which you declined. On 18 April 1975, you were
discharged by reason of unsuitability. At the time of your
discharge, an RE-4 reenlistment code was assigned.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity. However, the Board found that these
factors were not sufficient to warrant a change in your
characterization of service or reenlistment code given the
diagnosis of a character and behavior disorder and pre-service
police record. Accordingly, your application has been denied.
The names and votes of the members of the panel will be furnished
upon request.
Fe is regretted that the circumstances of your case are such that
“Favorable action cannot be taken. You are entitled to have the
*Board reconsidersits 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
spresumption 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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