DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE  1001
ARLINGTON,  VA  22204-2490

Docket No: 3904-18 
Ref: Signature date

Dear	:

This letter 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 that 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 September 2019. 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.

Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel would not materially add to its understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record.

You enlisted in the Marine Corps and began a period of active duty on 27 September 1979. On 27 June 1980, you underwent a psychological evaluation in which you said you had been on probation for several years for breaking and entering, you had a history of frequent fights, conflicts with police, and extensive drug use, including LSD 2-3 times per week for 2-3 years between ages 14 and 16. You stated that you wanted to stay in the Marine Corps, but were a loner and suffered from anxiety. You were diagnosed with a personality disorder and your retention in the military at that time was contingent upon adequate performance by you of your duties. On 2 October 1980, you were medically evaluated again, due to a possible psychological abnormality.  You disclosed to the medical officer that you were pending charges before a court-martial for stealing stereo equipment from another Marine, which you denied doing, or at least did not remember doing. You disclosed that you felt that people were “picking” on you and you could not do anything right. You further disclosed that you had always been a slow learner and people become “too impatient” with you despite the fact you “tried hard.” You stated that you enjoyed the Marine Corps, but that you did not believe that it was “fair” that you were given “so many days of mess duty & work parties.” The medical diagnosis was that your problem stemmed from an administrative type difficulty, as there was no evidence of psychosis /schizophrenia or other mental disorders. Subsequently, you requested administrative discharge from the naval service in order to avoid trial by court-martial. On 24 October 1980, pursuant to you request, you were discharged in lieu of trial and received an other than honorable (OTH) characterization of service.

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge, and your assertions that your records do not contain your administrative separation documents, and that, under today’s standards, you would not receive an OTH, let alone a court-martial, as long as the goods you stole were returned. The Board also considered your assertions that your conduct was the result of an emotional and immature young man who was learning to be an adult, and noted your post-service accomplishments, such as your having obtained a secret security clearance, that you have had no trouble with law since your discharge, that you have three successful children, and your work at NASA as a contractor.  However, the Board concluded that these factors and assertions were insufficient to warrant a change to your discharge given your misconduct, which resulted in your request for administrative separation in lieu of trial. The Board noted your administrative separation paperwork was missing, but also noted enough other records existed to evaluate your request for separation.

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.

Sincerely,