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

Docket No. 11544-19 
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 case on its merits.  A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 February 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 and applicable statutes, regulations and policies.
  
A review of your record shows that you entered active duty with the Marine Corps in November 1968.  Non-judicial punishment was imposed on you for orders violations on 6 August 1969 and 13 August 1969.  Subsequently, you were convicted by a special court-martial on 20 October 1969 for orders violations, provoking words, assault, and disrespect resulting in six months of confinement and forfeitures.  While you were in confinement, you committed a series of misconduct that resulted in your referral to a general court-martial on 14 April 1970.  Prior to your second court-martial, a medical board diagnosed you with a paranoid personality and recommended your administrative separation for unsuitability.  However, you were convicted by the general court-martial on 14 April 1970 and sentenced to three years confinement, total forfeitures, and a Dishonorable Discharge.  The convening authority approved nine months of confinement, total forfeitures, and a Bad Conduct Discharge pursuant to the terms of a pre-trial agreement.  After completion of your appellate review, you were discharged from the Navy on 16 October 1970 with a Bad Conduct Discharge. 

The Board carefully considered your arguments that you deserve to have your narrative reason for separation changed to disability based on the 6 March 1970 medical board findings. Unfortunately, the Board disagreed with your rationale for relief.  The Board concluded you were properly discharged pursuant to your court-martial sentence.  After reviewing the evidence, the Board determined the preponderance of the evidence supports the punitive discharge you received based on your voluntary pleas of guilty at the general court-martial.  Based on this finding, the Board concluded your punitive discharge was supported by the evidence since your record documents two courts-martial convictions and two non-judicial punishments in less than 24 months of active duty service.  Since the Board concluded your punitive discharge was appropriately issued, the Board also determined your narrative reason for separation is supported by the preponderance of the evidence.  Therefore, the fact a medical board determined you were unsuitable for continued military service due to a personality disorder was superseded by your misconduct, court-martial conviction, and punitive discharge.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.
  
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue(s) involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record.
 
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 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,