DEPARTMENT OF THE NAVY
BOARD EOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

SJN
Docket No: 07896-06
28 February 2007

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 22 February 2007. 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 on 26 September 1969 at age 17. During the period from 19 June 1970 to 28 July 1971 you received three nonjudicial punishment’s (NJP’s) for three periods of unauthorized absence (UA) totaling 126 days, and being out of uniform on two occasions.

On 23 August 1971 you were the subject of a psychiatric evaluation, which diagnosed an antisocial personality disorder. You were notified of pending administrative separation action by reason of convenience of the government due to the diagnosed disorder on 26 August 1971. You were afforded all of your procedural rights including the opportunity to submit a statement. Subsequently, your commanding officer forwarded your case to the discharge authority and you received a general discharge on 28 September 1971. Characterization of service is based in part on conduct and proficiency averages computed from marks assigned on a periodic basis. Your conduct average was 3.4. 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 entire record and application, carefully weighed all potentially mitigating factors, such as your youth and time in service. However, the Board found that these factors were not sufficient to warrant a change in your characterization of service given your failure to attain the required average in conduct. 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,

							W. DEAN PFEIFFER
	Executive Director

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