DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 618-18 Ref: Signature Date Dear 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 2 July 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. Additionally, the Board considered the 24 May 2019 advisory opinion (AO) furnished by Headquarters Marine Corps (HQMC). You enlisted in the Marine Corps and began a period of active duty on 10 June 1966. On 24 May 1967, you received nonjudicial punishment (NJP) for disobeying a lawful order by carrying a concealed weapon. On 19 September 1967, you arrived in . During the period from 22 September to 3 December 1967, you participated in two operations before departing on 3 December 1967. On 15 April 1968, you received NJP for 33 days of unauthorized absence. Between 20 November and 4 December 1968, you were hospitalized after you became transiently violent in your unit. You were diagnosed with severe acute anxiety reaction. The treating physician stated you were not psychotic nor did you require hospitalization, but instead were depressed and isolated. The physician explained you would benefit from support and counseling at your command and you were discharged to duty. On 3 February 1969, administrative discharge action was initiated to separate you from the Marine Corps for unsuitability involving self-destructive and irrational behavior on two occasions when you attempted to maim yourself and behaved in an unnatural and uncontrollable manner in November and December 1968. You stated that you did not desire to submit a statement on your behalf. Your case was forwarded to the separation authority with the recommendation that you received a general (under honorable conditions) discharge. On 10 February 1969, the separation authority approved your commanding officer’s recommendation. You received a general discharge on 28 February 1969, the characterization of which was based on your overall conduct trait average. Characterization of service is based in part on conduct marks assigned on a periodic basis. Your conduct average was 3.6. At the time of your service, a conduct average of 4.0 was required to be consider for an honorable characterization of service. In regards to your request to be awarded the Purple Heart Medal, an AO from HQMC states, in part, that during the period you served in the Marine Corps, the Purple Heart Medal was authorized for those who were wounded or injured as a direct or indirect result of enemy action. Additionally, the wound must have required treatment by a medical officer at the time of injury. A thorough review of your records failed to reveal any documentation to substantiate your entitlement to this award. You were informed that, since adequate documentation does not exist in your record, you may obtain and submit two sworn affidavits for consideration. The affidavits must be from eyewitnesses who were present at the time of the injury and must have personal knowledge of the circumstances under which the injury occurred, and they must be in the eyewitnesses’ own words and notarized. A copy of the AO was mailed to you on 29 May 2019 and you were given 30 days to submit a response. When a response was not received, the Board considered your case based on the available evidence. The Board carefully considered your request to have your characterization of service upgraded and to receive the Purple Heart Medal. The Board also considered your assertions that you did not go UA, volunteered to go back to , and do not know why you were discharged early. However, the Board concluded that your discharge was based on diagnosed character and behavior disorders, two NJP’s, and failure to attain the required average in conduct to receive a fully honorable discharge. The Board also found, as set forth in the AO, that you did not provide evidence to substantiate your request to receive the Purple Heart Medal. The Board, therefore, found no material error or injustice in your discharge, characterization of service, or awards. 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, 10/24/2019