DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 203704100

ELP
Docket No. 8057-98
1 April 1999

Dear

This is in reference to your
naval record pursuant to the
States Code, Section 1552.

application for correction of your
provisions of Title 10, United

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 24 March 1999.
injustice were reviewed in accordance with administrative
of this
regulations and procedures applicable to the proceedings
Documentary material considered by the Board consisted of
Board.
your application, together with all material submitted in support
thereof, your naval record and applicable statutes, regulations
and policies

Your allegations of error and

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 record reflects that you

The Board found that you enlisted in the Marine Corps on 24 June
1975 for three years at age 18.
were promoted to SGT   (E-5)  on  28 February 1978 and served without
incident until 21 June 1978 when you failed to report from leave
You
and were reported in an unauthorized absence (UA) status.
remained absent until 7 July 1978 when you surrendered to a unit
A 10 July 1978 message to Commandant of the
in Pasadena, CA.
Marine Corps (CMC) requested that you be attached to that unit
for 30 days due to personal matters.
aunt and uncle who raised you had been fired and they had no
source of income.
go-day window for early discharge as an overseas returnee. A
message on file in the record shows that CMC and your parent
command were notified that you had reported to the movement
center at Camp Pendleton on 18 July 1978 for a return flight, but
On 28 July 1978, CMC notified the
on 20 July 1978 you went UA.
unit in Pasadena and your parent command that a request for
humanitarian reassignment had been disapproved because it did not
meet the criteria for such an assignment.

It was further noted that you were within the

The message stated that an

You sustained multiple injuries that included a

The record further reflects that you were injured on 5 August
1978 while riding as a passenger on a motorcycle which ran into a
parked car.
You
concussion, multiple fractures, lacerations and bruises.
received initial treatment for your injuries at a local hospital
before being transferred to the Naval Regional Medical Center
(NMRC), and then to a Veterans Administration hospital.
transferred back to the NRMC on 17 August 1978 and assigned to
the Naval Weapons Station, Seal Beach, CA.
investigation was ordered into the circumstances surrounding the
motorcycle accident.

On September 1978, an

You were

On 13 November 1978 a medical board recommended that you be
placed on six months of limited duty with diagnoses of cerebral
concussion, and fractures of the skull, left acetabulum, and
right femur.

(NJP).

During the months of November and December 1978 you received two
nonjudicial punishments  
UA from l-12 November and 15-21 November 1978.
imposed was reduction in rank to CPL (E-4) and 30 days of
restriction.
to your accident, 21 June to 7 July and 20 July to 5 August 1978.
Punishment imposed was a suspended reduction in rank to LCPL
(E-3) and 30 days of restriction.

The second NJP was for the two periods of UA prior

The first was for two periods of

Punishment

On 15 December 1978, CMC directed your transfer to the Marine
Corps Barracks at Camp Pendleton, CA for six months of limited
duty.

The IO noted that while you were

On 23 January 1979,the investigating officer (IO) completed his
investigation into the circumstances surrounding the injuries you
sustained on 5 August 1978.
attached to the NRMC you were periodically in a UA status, which
The IO
caused delays in the completion of the investigation.
found that you were UA on 20 July 1978 when you failed to comply
with orders requiring you to report to the movement center at
Camp Pendleton for return transportation to your parent command,
and were still in a UA status at the time of the accident.
IO opined that your injuries indicated that your head was
unprotected at the time of the accident, there was no evidence
that you were negligent in riding as a passenger on the
motorcycle, and that your injuries were not in the line of duty
and were not due to your own misconduct.

The

In a statement in response to the line of duty investigation, you
stated that you departed on leave from Okinawa on 5 June 1978 to
see your sister graduate from high school.

When you arrived

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home, you found your family had severe financial problems.

You
claimed that you cashed your plane ticket in order to feed the
family and, on 7 July 1978 you sought assistance from Marine
Corps authorities in Pasadena.
to find your family had left to see an uncle who had some work

You asserted that you turned yourself in to the shore
and when you arrived at Camp

for them.
patrol after your family returned,
Pendleton you told a GYSGT about your family problems and said
that you needed more time.
more days to take care of business.
that a gang was after your brother and his wife and had bombed
You stated that you hid out with
the house you were living in.
your family in a hotel.
friend you had not seen for three years and went with him on his
motorcycle to visit mutual friends.
returning home, you were involved in the accident.

On 4 August 1978 you ran into an old

You returned home to find

You claimed that you were given a few

Early the next morning, when

You received your third NJP on 8 February 1979 for two brief
periods of UA totalling about three days.
imposed and the reduction in rank that was suspended on
2 December 1978 was vacated.
participated in a six week of inpatient alcohol abuse
rehabilitation treatment program from 29 May to 6 July 1979.
During this period, you received your fourth NJP for four periods
of UA totalling about 26 days.

The record also reflects that you

A $50 forfeiture was

On 18 June 1979 a medical board found you unfit for full duty and
opined that this status would not change with further treatment.
You were referred to a physical evaluation board (PEB) with a
diagnosis of arthrofibrosis, right hip, secondary to
subtrochanteric fracture, right femur, a condition that did not
exist prior to enlistment; and alcoholism,
enlistment.
physical disability that was not incurred/aggravated while
entitled to basic pay; not due to intentional misconduct or
willful neglect; and was incurred during a period of UA. A
medical discharge without disability benefits was recommended.
The Commandant of the Marine Corps was notified of the PEB
findings on 20 August 1979.

On 26 July 1979, a PEB found you unfit due to a

which existed prior to

On 22 August 1979, the 
discharge by reason of physical disability without severance pay.
You were so discharged on 7 September 1979.

Commandant  of the Marine Corps directed

However, in its review of your record, the Board

The Board was unable to determine what specific correction you
desire.
conducted a careful search for any factors which would warrant
correcting your record to show that you were not an unauthorized
or changing the reason for discharge
absentee on 5 August 1978;

upN by the personnel office, and you were given

However, no
to show that you entitled to disability benefits.
The Board noted your contentions
justification could be found.
that, prior to discharge, your UA from 20 July to 5 August 1978
had been "cleared 
a pass by the base reception center and told to go home and wait
for further instructions regarding your return to Okinawa.
However, you provide no corroborating evidence to support your
contentions.
submitted at the time of the line of duty investigation.
statement, you claimed that when you arrived at Camp Pendleton
you explained that you needed more time to take care of family
\\given a few more days to take care of
problems and you were
business."
terminated on or about 20 July 1995.
you were not given an open-ended authorization to go home to
await further instructions.

The Board particularly noted the statement you

It appeared to the Board if you were given a pass, it

The Board concluded that

In that

Since you were injured while in a UA

It appeared to the Board you did not

The Board found no basis to conclude that your absence at

While you may have felt compelled to assist your family with the
serious problems they were allegedly experiencing, their problems
did not excuse your UA.
take any measures to protect yourself from becoming an
unauthorized absentee such as requesting emergency leave and
verification of your family's circumstances through the Red
Cross.
the time of the accident was unavoidable.
are not in a pay status.
status, your disability was not incurred while entitled to basic
Therefore, you were not entitled to severance pay based on
pay.
a disability rating.
military record, you must show to the satisfaction of the Board,
or it must otherwise satisfactorily appear, that the record is in
error or that you were treated unjustly by the Navy.
failed to submit any evidence that would satisfy this
requirement.
period of absence was unavoidable, the Board concluded there is
no basis for granting your request.
that the reason for discharge was proper and no change is
warranted.
names and votes of the members of the panel will be furnished
upon request.

Accordingly, your application has been denied.

Absent persuasive evidence that the contested

In order to justify correction of a

Individuals who are UA

Therefore the Board concluded

You have

The

It is regretted that the circumstances of your case are such that
You are entitled to have the
favorable action cannot be taken.
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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