DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490
             
Docket No: 10497-18  
Ref:  Signature Date 

This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 

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, sitting in executive session, considered your application on 9 March 2020.  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, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 

You enlisted in the Marine Corps and began a period of active duty on 15 November 1967.  On 14 May 1968, you received nonjudicial punishment (NJP) for unauthorized absence.  On 8 June 1968, you were evacuated from               with a diagnosis of schizophrenic reaction, chronic undifferentiated type. On 19 June 1968, a Medical Board Report states your primary diagnosis as having an emotionally unstable personality that existed prior to entering the Marine Corps.  Your original service record was incomplete and did not contain all of the documentation pertaining to your separation from the Marine Corps.  Based on your Certificate of Release or Discharge from Active Duty (DD 214), you received an under honorable conditions discharge due to unsuitability on 16 July 1968.  Absent such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law/policy and in good faith. 

Characterization of service is based in part on conduct marks assigned on a periodic basis.  Your final conduct average was 3.9. At the time of your service, a conduct average of 4.0 was required to be considered for a fully honorable characterization of service. 

The Board carefully weighed all potentially mitigating factors, such as your record of service to include your time in           , desire to have your characterization of service upgraded, and that you are unable to receive full benefits even though you are collecting 100% service connected disability from the Department of Veteran Affairs, like USAA auto insurance.  The Board concluded that these factors were not sufficient to warrant upgrading the characterization of your discharge given your NJP and failure to attain the required average in conduct. 

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 the submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or 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. 


4/13/2020