DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

ELP
Docket No. 360-01
19 November 2001

considered your application on

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 Navy Records,
sitting in executive session,
15 November 2001.
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.
In Addition, the Board considered the advisory
opinion furnished by the Specialty Advisor of Psychiatry from the
Behavioral Health Clinic, National Naval Medical Center,
Bethesda, MD, dated 10 August 2001,
a copy of which is enclosed.
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 10 July
1974 for three years at age 17.
served for seven months without incident.
However, during the
three month period from February to May 1975, you received three
nonjudicial punishments (NJP) for  a three day period of
unauthorized absence (UA), disobedience of a lawful order, and
sleeping on post.
The medical record reflects that on 8 August 1975 you were
brought to sickbay.
You were extremely nervous, had no 
You refused to
sensory coordination or eye movement to reflexes.
answer the examining doctor's questions and were admitted to the

The record reflects that you

motor-

You were placed on medication.

You acted appropriately when first

At that time, the doctor believed you were in an acute

ward.
state of anxiety or some sort of hysteria, as opposed to a form
of catatonic schizophrenia.
On 14 August 1975 you were released from the ward after being on
thorazine for two days.
awakened but once oriented to your environment you would slip
You were taken off the medication
back into a withdrawn state.
However, once in your unit you were
and returned to your unit.
At that point,
unable to adjust and became withdrawn once again.
you requested to be placed in custody for safekeeping, where you
began to act appropriately and communicated freely.
examining doctor's impression was that you had an inadequate
personality disorder and were not psychotic.
evidence in available medical records that you were referred for
psychiatric evaluation.
During the months of September and October you received two 
NJPs
However, no
for a 20 day period of UA and sleeping on post.
disciplinary action is shown in the record for a 13 day period of
Thereafter, you were
UA from 23 September to 6 October 1975.
formally counseled regarding your substandard performance of duty
and frequent involvement with military authorities.
You were
warned that if you did not take corrective action you could be
recommended for administrative separation.
On 23 October 1975 you were reported UA again, and you were
arrested by civil authorities on 7 November 1975 for breaking and
On 24 November 1975 you pled guilty to three counts of
entering.
breaking and entering and were sentenced to two years in the
county jail.
On 24 March 1976 you pled guilty to the offense of
escape and were sentenced to six months in jail.
On 18 May 1976 you were notified that you were being processed
for discharge under other than honorable conditions by reason of
misconduct due to conviction by civil authorities.
You were
advised of your procedural rights and waived those rights.
Thereafter, the commanding officer recommended an undesirable
The
discharge by reason of misconduct due to civil conviction.
discharge authority approved the recommendation and directed an
undesirable discharge.
On 26 August 1980 the Naval Discharge Review Board (NDRB) denied
your request for recharacterization of your discharge.
That
board considered arguments by counsel that you were legally
"insanel' and not responsible for your actions at the time of the
offenses which culminated in your discharge.
In support of that
argument counsel submitted psychiatric evaluations conducted in
July 1977, February, April, and September 1978.
evaluations show that you were committed by a court to a state

You were so discharged on 24 June 1976.

The
There is no

These

2

and possession of marijuana.

On 26 September 1978 you were deemed fully

hospital on 30 August 1977 because you were considered
incompetent to stand trial on charges of robbery at gunpoint,
unlawful possession of a firearm,
While hospitalized, you received diagnoses that ranged from
psychotic organic brain syndrome due to drug or poison
intoxication and anti-social personality, to paranoid
schizophrenia.
competent to return to the court for disposition of the pending
charges.
In its review of your application the Board carefully weighed all
potentially mitigating factors such as your youth and immaturity,
the issues you presented to
limited education, low test scores,
the NDRB, and the fact that it has been more than 21 years since
you were discharged.
The Board noted your contentions to the
effect that as a result of a nervous breakdown you were left
without any sense of right and wrong, the medications did not
and that you have collected
prevent you from violent actions,
Social Security disability for the past 10 years.
The Board
concluded that the foregoing factors and contentions were
insufficient to warrant recharacterization of your discharge
given your record of four 
NJPs and the serious nature of the
charges of which you were convicted by civil authorities.
Board substantially concurred with comments contained in the
attached advisory opinion.
Your contention of a nervous
breakdown is not supported by the evidence of record.
available records nor any evidence submitted with your
application indicates that at the time of the offenses which led
to your discharge, you were unable to distinguish right from
wrong or were not responsible for you actions due to a psychosis.
The fact that you receive Social Security disability does not
provide a valid basis for recharacterizing your discharge.
The
Board noted that after your discharge,
you committed additional
offenses for which you were held accountable by civil authorities
A Federal Bureau of Investigation
after a period of treatment.
(FBI) report obtained by the Board shows that you have been
convicted of robbery with a weapon,
possession of a controlled
The Board also noted the aggravating factor
substance and theft.
that the psychiatric evaluations conducted after your discharge
indicate that drug abuse was a contributing factor in your mental
Drug abuse does excuse misconduct.
problems.
concluded that your discharge was proper and no change is
Accordingly, your application has been denied. The
warranted.
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.
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by

The

Neither

The Board

You are entitled to have

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

Enclosure

National Naval  Medical Center

Behavioral Health Clinic

Bethesda,Maryland20889-5600

lOAugust

ecialty Advisor for Psychiatry, ChiefBUMED,Naval

C,USN, 
esda,MD,20889-5000

Chief,BehavioralHealth

Subj:

Ref: (a) Title 

1OUSC 1552

Encl: (1) 

HealthRecord
(2) Service Record
(3) 

BCNRFile

1.

2.

and(2)and(3).

ofthe subject's petition for a correction 

ofhis Navy
Per your request for  review 
records andinresponseto reference(a), I have thoroughly  reviewed enclosures
(1) 
Review ofavailable Navy  medical records  revealed.
(a)Entrance  physical dated 
(b)Evaluationatsickbay on 

30 May 1974 noting no psychiatric illness.

aboardLPH-2 where he was evaluated

08Aug1975  

bY
observation.  Clinical impression 
differential diagnosis.

received Valium 5mg and admittedtothe Ward for

atthetime indicated the  following

Acute Anxiety State with Withdrawal vs. Hysteriavs.
TrueFormofCatatonic Schizophrenia

(c)ServiceMemberwastreatedwithThorazineandreleasedaftertwodays

However,onceathisunit,he againbecame
withdrawn andplacedintoto custody for safe keeping  
14Aug75,he was 

foundto be appropriate withnormalaffectand speechand

athis ownrequest. On

dto his unit. Impression by evaluation physician,
as Inadequate 

Personality,notpsychotic.

3. Re
(a)

atMCRD,ParrisIS,SCand3DBN,8thMar,2ndMARDIVatCampLejeune,

ntered active duty 

lOJuly 1974. He completedbasictraining

(b)vzationofArt  86 

19Feb75 for unauthorized 

absence 

Subsequentlyplacedonrestrictionx 14 days  and forfeiture 

fiom04Jan-07Jan75;
$75/mos.

ofpay 

Art 91 and Art 92; 
of 
Art 92, dereliction 
of 

restrictionandforfeiture of

ofduty; forfeiture 

ofpay

(c) 

IlApri175,NJP for violation 

(d) 

&%ay75,NJP for violation 
andthreedaysB&W.

(e) 
(I) Unauthorized absence 
(g) 

Unauthorizedabsence25Aug-14Sep75;NJP  

17Sep75

23Sep-060ct75

ofduty and fitness due to
070ct75,counseled  for substandard performance 
frequent involvement with military authorities, stating that ifconduct and
performance did  not  improve,  recommendation for administrative separation
would occur.
210ct75,receivedNJP  for dereliction 
forfeiture 

ofduty; restriction for 14 days and

ofpay.

..-

07Nov75,chargedwithbreaking  andentering.

in  General Court ofJustice,District Court Division,  

Onslow

County, NC,plead guilty to three counts ofbreaking and entering and was
convicted oneachcount. Twoyearsimprisonmentoneachcount.
(k) Applicant in  General Court ofJustice,District Court Division, 

(h) 

(i) 
(i) Applicant 

County,NC,was found guilty 
Carteret County Jail.

ofthe offense ofescape. Six 

Carteret
monthsin

(1) 

NotifiedthathewasbeingprocessedforUD/MISCONDUCTbased  
Convictions and notified 

ofhis rights

(m) Acknowledgednotification and waived   all rights  in writing.
(n) Discharged 

UD/MISCONDUCT(CivilConviction).

oncivil

4.

Review ofadditionalrecords revealed:

(a>

(W

cc>

(4

(4

215~177
andin a

SouthFlorida 

State,HospitaI.

ofSouthFlorida State

to be ‘detached from reality 
JacksonMemorial  Hospital,  service member was

Report ofpsychiatric evaluation,Jackson Memorial Hospital dated 
States that applicant presented clinically 
catatonic-like state'. From 
referredto 
Reportofthe Healthand Rehabilitation Services 
Hospital dated  21 Feb78 states thatthepatienthas adiagnosis ofpsychotic
syndrome,drug  induced,inremission,anti-social personality.
organic brain 
FromSouthFloridaStateHospital,hewassenttoprison,03March1978.
Psychiatric Evaluationat 
Thatpatientreceived a diagnosis oforganic brain syndrome due to drug
intoxicationandantisocialpersonahty  disorder. 
HospitaI,he was 
for further treatment.
ReportfromNorthFloridaEvaluationandTreatmentCenter,Gainesville,
FL,dated26Sep78,describes  
ofdrug abuse sinceagethirteen,
including 
cannabis,amphetamines and barbiturates andthatthe stress of
military life precipitated an acute psychotic   relapse, which  was exacerbated
to
by chronic drug abuse. It also states thatapplicantwas fully   competent 

referredtoNorthFloridaEvalua?ionandTreatment  Center

FromJacksonMemorial

Jackson M emoriaIHospitaldated

llApr78 states

ahistory 

 

MemoriaIHospital,Miami,Fldated27Feb80  stating

(f)

to that 

 on 
hosp it a l

ofthat letter.

25Jan80 and was still  hospitalized  as

Patient was admitted 
ofthe date 
Records from Criminal 
extensive criminal  history  after  discharge  from service to include possession
ofmarijuana, armed robbery, grand theft from person,loitering withcarrying
knife,and  unlawful  possession  of  firearm  while engagedin  criminal  offense.

Justice  Information Services Division indicate

5.

Discussion:

was formally evaluated by mental health only after he was

UDM ISCONDUCT.

discharged 
health evaluation in any of his available records during his period of active duty
nor is there documentation stating that such an evaluation was indicated during
this time.

 There is no documentation of a formal mental

(b)  There is no documentation stating tha

symptoms of psychosis or other
surrounding the period of his civil conviction or during his time on active duty.

psychiatric

condmons

behavior demonstrated
of such a proportion

6. Opinion and Recommendations: There is no evidence in the information provided to

conclude that psychosis or other forms of mental illness were a significant
contributing factor for service member
there is no evidence to support an upgrade of his discharge from the service.

’s misconduct while on active duty; therefore,