DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 04917-12
27 March 2013
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 March 2013. 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 and began a period of active
duty on 24 August 1973. The Board found that on 16 May 1974,
you were the subject of a psychiatric evaluation, which diagnosed
you with an immature personality with antisocial features, and
residual brain damage which both existed prior to you entering
the service. Subsequently, on 28 June 1974, you were notified of
pending administrative separation action by reason of convenience
of the government due to the diagnosed conditions. You were
afforded all of your procedural rights including the opportunity
to submit a statement on your behalf. On 11 July 1974, you were
convicted by~specral court-martial (SPCM) of two specifications
of disrespect and three specifications of disobedience. You were
sentenced to confinement at hard labor, a forfeiture of pay, and
a reduction in paygrade. On 27 September 1974, your commanding
general directed separation by reason of unsuitability with a
general discharge. You were so discharged on 30 September 1974.
Characterization of service is based in part on conduct marks
assigned on a periodic basis. Your conduct average was 3.6. At
the time of your service, a conduct average of 4.0 was required
for a fully honorable characterization of service.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, and desire to change your characterization of service.
Nevertheless, the Board found that these factors were not
sufficient to warrant a change in your characterization of
service given your medical diagnoses of a personality disorder
and residual brain damage that existed prior to your entry onto
active duty and SPCM conviction. 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,
Nene Te
ROBERT D. ZSALMAN
Acting Executive Director
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