DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 1531-10
20 October 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 13 October 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 19 July 1984 at age 18 and
served for a year without disciplinary incident, but on 13 August
1985 you received nonjudicial punishment (NUP) for a two day
period of unauthorized absence (UA) and were awarded extra duty
and restriction for 14 days and a $300 forfeiture of pay.
In January 1986, after undergoing a psychiatric evaluation, you
were diagnosed with an immature personality disorder and an
adjustment disorder. You were also recommended for an
expeditious administrative separation. On 24 January 1986 you
received a letter of warning regarding deficiencies in your
performance, specifically, failure to go to your appointed place
of duty, being placed on weight control, poor judgment and
immaturity, a lengthy period of UA, and being diagnosed with
personality and adjustment disorders. You were warned that any
further deficiencies in your performance could result in an
administrative separation and disciplinary action. On 28 January
1986 you were convicted by special court-martial (SPCM) of a 24
day period of UA and sentenced to a $960 forfeiture of pay,
reduction to paygrade E-1, and confinement at hard labor for 30
days.
In February 1986 you were processed for an administrative
separation by reason of convenience of the government due to a
condition, not a physical disability as evidenced by your
diagnosed personality disorder. Your commanding officer
recommended a general discharge stating in part, that your
disciplinary record of: NUP, SPCM, and UA were also taken into
‘consideration, Subsequently, the discharge authority approved
this recommendation and directed discharge under honorable
tonditions, and on 13 March 1986, you were issued a general
discharge.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, 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 misconduct which resulted in
NJP and SPCM and your diagnosed personality and adjustment
disorders which resulted in your incompatibility with military
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,
\adroe Shep!
W. DEAN PF
Executive Director
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