DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 05635-10
28 January 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 26 January 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 entered active duty in the Marine Corps on 26 April 1994, and
served without disciplinary incident until 12 September 1994,
when you received nonjudicial punishment (NJP) for an
unauthorized absence (UA). On the same day, you were
hospitalized and diagnosed with a personality disorder so severe
that it adversely affected your ability to function in the
military service. In addition, on 7 November 1994, you received
NUP for sleeping on post. Therefore, on 16 February 1995, you
were processed for separation due to a personality disorder with
a general discharge and a RE-3P reenlistment code. Character of
service is based in part on conduct marks assigned on a periodic
basis. Your conduct mark average was 3.5. A conduct mark
average of 4.0 was required for a fully honorable discharge.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
due to your personality disorder and insufficiently high conduct
average. 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,
LoSpag
W. DEAN PFE
Executive Dikac
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