DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 5630-12
22 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 20 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 Reserve and began a period of
active duty on 13 September 1973 at age 24. On 18 January 1974,
you were released from active duty after completing your
required training and assigned to a reserve unit. You were
declared an unsatisfactory participant due to missing 18
scheduled drills and a 16 day Annual Training (AT) period. On
2 January 1975, you were involuntarily recalled to active duty.
You received nonjudicial punishment (NJP) on two occasions for
unauthorized absence (UA) from you unit for a period of 12 days
and breaking restriction. On 9 May 1975, you were the subject
of a psychiatric evaluation after an interview with the unit
chaplain to discuss a possible application as a conscientious
objector. You were diagnosed with an immature personality,
impulsive character and behavior disorder. You were notified of
pending administrative discharge processing with a general under
honorable discharge due to unsuitability. You waived all of
your procedural rights. On 9 June 1975, you received the
general discharge for unsuitability.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
resulted in two NUJPs, 18 unexcused absences and a 16 day AT
period absence. 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,
Ps pes SD, Pret
ROBERT D. ~2SALMAN
Acting Executive Director
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