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Decision Text

NAVY | BCNR | CY1998 | 04695-98
Original file (04695-98.pdf) Auto-classification: Denied
D E P A R T M E N T  O F  T H E  N A V Y  
BOARD FOR CORRECTION OF NAVAL RECORDS 

2 NAVY ANNEX 

WASHINGTON DC  20370-5100 

ELP 
Docket No. 4695-98 
21 August  1999 

This is in reference to your application for correction of your 
naval record pursuant  to the provisions of Title 10, United 
States Code, Section 1552. 

A three-member panel of the Board for Correction of Naval 
Records, sitting in executive session, considered your 
application on 18 August  1999.  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, your naval record and applicable statutes, regulations 
and policies. 

After  careful and conscientious consideration of the entire 
record, the Board found that the evidence submitted was 
insufficient to establish the existence of probable material 
error or injustice. 

The Board found that you enlisted in the Marine Corps on 26 June 
1970 for two years at age 19.  You were assigned to Vietnam on 
8 January 1971. 

The record reflects that you served without incident until 
April  1971 when you received two nonjudicial punishments  (NJP) 
for disobedience of an order, a 14 hour period of unauthorized 
absence  (UA), and absence from your appointed place of duty.  As 
a result of the NJPs, you were counseled that your conduct and 
proficiency marks were below standards.  You refused to sign the 
counseling statement. 

The medical  record reflects a 10 May  1971 entry stating "This man 
was wounded on 17 April  1971 under heavy mortar attack to be 
evacuated by Great lakes ... Award  Purple Heart."  However, the 
extent of the injuries sustained are not shown in your medical 

record.  On the same day, a report of evacuation on file in the 
record indicates you were medically  transferred from Vietnam  for 
peptic ulcer disease. 

The record further reflects two periods of UA from 2-10 June and 
22-23 June 1971, for which no disciplinary action is shown in the 
record.  During the nine month period  from June 1971 to March 
1972, you received two more NJPs for two instances of failure to 
go to your appointed place of duty, a 24 hour period of UA, 
failure to obey a lawful order, and failure to obey a regulation. 
During the foregoing period, you were again counseled that your 
conduct and proficiency marks were below standards. 

On 1 May  1972, you were counseled that you were being processed 
for an undesirable discharge by reason of unfitness.  However, 
you refused to sign the counseling statement.  You received your 
fifth NJP on 30 June 1972 for having an unclean and rusty rifle. 

You were released under honorable conditions on 30 June 1972 and 
transferred to the Marine Corps Reserve. 

Character of service is based, in part, on conduct and 
proficiency averages which are computed from marks assigned 
during periodic evaluations.  Your conduct and proficiency 
averages were 3.8  and 3.9,  respectively.  A minimum average mark 
of 4.0 was required in conduct for a fully honorable 
characterization at the time of your separation. 

In its review of your application the Board carefully weighed all 
potentially mitigating factors such as your youth and immaturity, 
limited education, low test scores, Vietnam service, and the fact 
that it has been more than 27 years since you were discharged. 
The Board noted Department of Veteran Affairs medical  records, 
which  shows you have a 27 year history of heroin addiction and 
were diagnosed with post traumatic stress disorder in 1996.  The 
Board also noted your contention that your five disciplinary 
actions f o r   were f o r   petty infractions and  the service 
representative's  letter stating that you were recently approved 
for the Purple Heart.  The Board concludes that the foregoing 
factors and contention were insufficient to warrant 
recharacterization of your discharge given your record five NJPs 
and your failure to achieve the require average in conduct.  The 
Board believed that you were fortunate to receive a discharge 
under honorable conditions.  Most individuals with records such 
as yours receive discharges under other than honorable 
conditions.  While PTSD and drug addiction may be considered 
mitigating factors, neither excuses misconduct.  The Board 
concluded that the discharge was proper and no change is 
warranted.  Accordingly, your application has been denied.  The 
names and votes of the members  of the panel will be furnished 
upon request. 

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 and material 
evidence or other matter not previously  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, 

W.  DEAN PFEIFFER 
Executive Director 



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