DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SUN
Docket No: 559-14
30 January 2015
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 21 January 2015. 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 Navy and began a period of active duty on
20 August 1965. The Board found that you received four
nonjudicial punishments (NUJPs) for two instances of being absent
from your appointed place of duty, assault, disobedience, three
instances of unauthorized absence, dereliction of duty, and
possession of clothing not belonging to you. On 17 April 1968,
you were the subject of a psychiatric evaluation, which diagnosed
a character and behavior disorder. On 19 November 1968, you were
notified of pending administrative separation action by reason of
convenience of the government due to the diagnosed disorder. You
were afforded all of your procedural rights including the
opportunity to submit a statement on your behalf. On 21 November
1968, your commanding officer forwarded his recommendation that
you be separated by reason of unsuitability with a general
discharge. You were so discharged on 9 December 1968.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service, Department of Veterans Affairs (DVA)
letter dated 26 February 1991 that states your service was
honorable, and desire to upgrade your discharge. Nevertheless,
the Board found that these factors were not sufficient to warrant
a change in your characterization of service given your four NJPs
and diagnosed character and behavior disorder. Accordingly, your
application has been denied. Finally, the Board determined that
you properly received a general discharge based on your record of
service, and that it appears the DVA may have upgraded your
discharge status to “Honorable” in order for you to continue
receiving benefits. The DVA decision to characterize your
service as honorable does not change or upgrade your
characterization of service.
In response to your request for medals to which you may be
entitled, you should submit your request to the Navy Liaison
Office (N314), 9700 Page Blvd., Room 3475, St. Louis, MO 63132-
5200.
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
OBERT J. O’NEILL
Executive Director
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