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

No: 2475-19 
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 it merits.  A three-member panel of the Board, sitting in executive session, considered your application on 17 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 on 31 August 1962.  According to the information in your record, you received three non-judicial punishments (NJP) for misconduct including unauthorized absence (UA), disrespectful language toward a non-commissioned officer (NCO), and disrespect toward a commissioned officer.  On 26 September 1963, you were diagnosed with schizophrenic reaction, manifested by “disorderly and bizarre behavior.”  On 7 February 1964, a Medical Board determined you to be unsuitable for future service in the Marine Corps and recommended you be administratively separated from the military.  Although the Board lacked your entire service record, the Board relied on a presumption of regularity that you were notified of the recommendation that you be discharged by reason of unsuitability.  After you waived your procedural rights, your commanding officer (CO) recommended that you be separated from the naval service with a general (under honorable conditions) characterization of service due to unsuitability.  The discharge authority approved this recommendation and, on 18 February 1964, you were so discharged. 

As stated previously, the Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to rebut the presumption, to include evidence submitted by the Petitioner, the Board presume that you were properly discharged from the Marine Corps. You petitioned the Navy Discharge Review Board and, on 14 January 1966, that Board determined that no change, correction or modification was warranted in your discharge. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, and your contentions that you have been an upstanding citizen since 1964 and that your discharge was unjust, and you were marked as being mentally sick.  However, the Board concluded that these factors were insufficient to warrant upgrading your discharge given your misconduct and diagnosed schizophrenia.
 
In regard to your contention that you have been an upstanding citizen since 1964, the Board noted that while commendable, your post-service conduct does not excuse your conduct while enlisted in the Marine Corps or the basis for your discharge.  Regarding your contention that your discharge was unjust, and that you were mentally ill at the end of your enlistment, the Board noted that the record contains documented evidence which is contrary to your contention.  The record shows that prior to your discharge, you received three NJPs and were recommended by a Medical Board for discharge after being diagnosed as a schizophrenic. Accordingly, under the totality of the circumstances, the Board, in its review, discerned no probable material error or injustice in the discharge. 

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,