DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX i
REC
WASHINGTON DC 20370-5100
Docket No: 05094-10
10 February 2011
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 9 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 7 April 1966, and served
honorably until 28 January 1970, when you received nonjudicial
punishment (NJP) for being in an unauthorized absence (UA) status
for five days. On 16 March 1970, your NUP appeal was denied. On
1 July 1970, a mental health evaluation was conducted and you
were diagnosed with cephaialgia tension, and a passive aggressive
personality disorder. Based on the mental health evaluation, you
were processed for separation by reason of unfitness and your
passive aggressive personality. After you were advised of your
rights, you elected to receive copies of documents to be
forwarded to the separation authority, but waived all your other
procedural rights. Subsequently, on 30 October 1970, you were
discharged with an honorable characterization of service by
reason of a physical disability with severance pay. At that
time, you were assigned a reenlistment code of RE-3P.
In its review of your application, the Board considered all
mitigating factors, such as your youth. However, the Board found
these factors were insufficient to warrant removing your NUP.
The Board concluded that your commanding officer's decision to
impose this NUP was appropriate and that it was administratively
and procedurally correct as written and filed. The Board further
concluded that removal of the NUP or modification of the charge
was not warranted. The Board thus concluded that there was no
error or injustice in your NUP. 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,
W. DEAN PF
Executive 7
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