DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SON
Docket No: 671-14
24 February 2015
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.
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 3 February 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
10 September 1969. On 3 March 1970, you were diagnosed with an
passive aggressive personality. At that time, it was determined
that you did not require, and would not benefit from being
hospitalized. On 6 April 1970, you were notified of pending
administrative separation action by reason of convenience of the
government due to the diagnosed personality disorder. You were
afforded all of your procedural rights including the opportunity
to submit a statement on your behalf. On 8 April 1970, your case
was forwarded recommending that you be separated from the
service. On 20 April 1970, your commanding general directed that
you be separated by reason of unsuitability with a general
discharge based on your service record. You were so discharged
on 23 April 1970.
Characterization of service is based in part on conduct marks
assigned on a periodic basis. Your conduct average was 2.4. At
the time of your service, a conduct average of 3.0 was required
for a fully honorable characterization of service.
The Roard, in its review of vour entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service, desire to upgrade your discharge, and
decision made by the Department of Veterans Affairs.
Nevertheless, the Board found that these factors were not
sufficient to warrant a change in your characterization of
service given your diagnoses of a personality disorder.
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.
Sincerely
ROB * “O'NETL
Executive Director
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