Docket No: 4388-19 
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 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 2 June 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, relevant portions of your naval record, and applicable statutes, regulations, and policies. 

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 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 22 July 1971.  On 19 August 1971, you received non-judicial punishment (NJP) for unauthorized absence (UA) for three hours and 30 minutes.  As a result, you were referred to the Neuropsychiatric Unit (NPU) due to having a very poor background, long arrest record, being intellectually limited, and defective attitude.  NPU also noted you were extremely weak academically as well as physically and you told your CO that you did not want to become a Marine and only joined due to marital problems.  As a result, the NPU recommended you be discharged from the Marine Corps and appear before a Depot Aptitude Board (DAB) due to mental inaptitude and defective attitude. 

Subsequently, you were notified of an administrative action to separate you for unsuitability due to mental inaptitude and defective attitude.  After you waived your rights, your CO recommended a general under honorable conditions discharge for unsuitability due to mental inaptitude and defective attitude.  On 20 August 1971, the DAB recommended discharge with a general under honorable conditions characterization of service for unsuitability due to mental inaptitude and defective attitude.  The discharge authority concurred with the CO’s and DAB’s recommendation and directed a general under honorable conditions characterization of service for unsuitability.  On 24 August 1971, you were discharged. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contention that your characterization of service was an error.  However, the Board concluded that these factors were not sufficient to warrant upgrading your discharge given your CO’s and DAB’s recommendation.  Regarding your contention that your characterization of service was an error, the Board noted that there is no evidence in your record, and you submitted none, to support your contention.  

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.