DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 00954-10
28 October 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 26 October 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 polieres.
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 27 August 1969. The Board found that you received two
nonjudicial punishments (NJP‘s) for two instances of
disobedience, were counseled and warned on two occasions that
further misconduct could result in administrative discharge
action. You were also the subject of a psychiatric evaluation,
which diagnosed you as having a character and behavior disorder.
Subsequently, you were notified of pending administrative
separation action by reason of convenience of the government due
to the diagnosed behavior disorder. You were afforded all of
your procedural rights including the opportunity to submit a
statement on your behalf. On 28 March 1973, your commanding
officer forwarded his recommendation that you be separated from
the service by reason of unsuitability. In his letter he stated,
in part, that a narrative summary relating to you psychiatric
condition, revealed that you were not neurotic or psychotic, but
guite anxious, and demonstrated a schizoid personality disorder.
You were honorably discharged on 18 Berl IS73.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, and service in Vietnam. Nevertheless, the Board found
that these factors were not sufficient to warrant a change in the
reason for your discharge given your two NUJP’s and the diagnosis
of a character and behavior 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,
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