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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