DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
REC
WASHINGTON DC 20370-5100
Docket No: 04413-10
2 February 2011
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 2 February 2011. 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 28 June 1974, at the age of
18. On 9 February 1975, received nonjudicial punishment (NJP)
for being in an unauthorized absence (UA) status for nine days.
You were referred for a mental health evaluation based on your
abnormal behavior. Though the evaluation could not identify any
personality disorder, it was recommended that you be processed
for an administrative separation based on you responding to
medical assistance, leadership, or disciplinary measures. Your
chain of command provided statements concerning your behavior
that you had abused prescribed Valium by taking eight tablets at
one time, and upon your return from correctional custody, you
made the statement that you wanted to “kill the guards, and eat
their flesh.” You were notified that administrative discharge
procedures were initiated and that you would receive a general
discharge upon your separation for unsuitability. You were so
discharged on 5 June 1975.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth. However, the Board found that these factors were not
sufficient to warrant any change in your character of service,
given your record of one NJP for misconduct and your abnormal
behavior. The Board also noted that you were fortunate to
receive a general discharge since a separation under other than
honorable conditions is often directed when an individual is
found to have committed misconduct. Accordingly, your
application has been denied. The names and votes of the members
of the panel will be furnished upon request.
a
It is regretted that ‘the circumstances of your case are such that
favorable action @annot be taken. You are entitled to have the
Board reconsider its decision upon submission of new and material
‘evidence or othey 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,
SLE
Executive Di or
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