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NAVY | BCNR | CY2014 | NR3010 14
Original file (NR3010 14.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE ROAD, SUITE 100%
ARLINGTON. VA 22204-2490

 

LnLsS 18 1m reLeremce Lo your appiircatlion Lor correction of your
naval record pursuant to the provisions of title 10 of the United
States Code, section 1552.

Although your application was not filed in a timely manner, the
Board found it in the interest of justice to waive the statute of
limitations and consider your application on its merits. A
three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on

18 November 2014. The names and votes of the members of the
panel will be furnished upon request. 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 28 June 1968. On 16 June 1969, a medical board diagnosed

you with a passive aggressive personality disorder that existed
prior to your enlistment. Subsequently, you were notified of
pending administrative separation action by reason of
unsuitability due to the diagnosed disorder. You were afforded
all of your procedural rights including the opportunity to submit
a statement on your behalf. Your case was forwarded and the
discharge authority directed that you received a genera

discharge by reason of unsuitability. You were so discharged on
15 August 1969.
On 17 August 1977, the Naval Discharge Review Board (NDRB), under
a Special Discharge Review Program, upgraded your discharge to
honorable.

The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service and assertion that in the absence of a

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code is nonexistent and erroneous. Nevertheless, based on the
information currently contained in your record, the Board
concluded these factors were not sufficient to warrant a change
to your separation code given the reason for your discharge. In
this regard, your separation code means you met the criteria
needed under a Special Discharge Review Program as outlined under
the authority of title 10 U.S.C. Section 1553. In this regard,
you were assigned the most appropriated separation code based on
your circumstances. Regarding your assertion of suffering from
in-service PTSD, there is no evidence in the record to support
it, and you submitted no such evidence. Accordingly, your
application has been denied.

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 within one year from the date of the Board’s decision.
New evidence is evidence not previously considered by the Board
prior to making its decision in your case. 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.

Sincepely

ROBERT J. O’NEILL
Executive Director

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