DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370.5100

ELP
Docket No. 3794-01
15 October 2001

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.

Your allegations of error and injustice were

A three-member panel of the Board for Correction of Navy Records,
sitting in executive session,
11 October 2001.
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.

considered your application on

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.

At the time of your reenlistment, you had

You reenlisted in the Marine Corps on 31 March 1978 for four
years as a SGT (E-5).
completed nearly three years of prior active service.
reflects that you were assigned to recruiting duty on 8 December
1978.
A special fitness for the period 31 March 1979 to 25 July
1979 was submitted on the occasion of your relief for cause from
recruiting duty.
That report noted that you had the ability to
recruit but did not have the fiber to make the sacrifices
necessary for success, and described you as spiritless and weak.
In a rebuttal to the fitness report,

you stated the following:

The record

"When it comes to me being assaulted and verbally abused for
doing nothing more than using my right to request mast, then
I feel I no longer want to be a part of this or any other
Marine Corps command.
I guess this must be the case, however, my past performance
in the Marine Corps has always been untarnished before
coming to this  

If this is considered disloyalty then

command."

The CO noted that you never came forward to

On 26 July 1979, the commanding officer (CO) requested your
relief for cause and the voiding of your recruiting military
The CO stated than
occupational specialty (MOS) in recruiting.
an informal investigation was conducted into the charges you made
in the rebuttal to your fitness report, but they could not be
substantiated.
present these charges until your relief.
comments concerning request mast, the CO stated that when he
personally heard your request mast,
concerning the charges or your dissatisfaction with the
noncommissioned officer-in-charge or recruiting duty.
find no evidence that suggested that you were ever denied your
The reviewing authority concurred with
right to request mast.
the reporting senior's markings and comments.
The reviewing
authority noted that the CO took a special interest in your case
to insure you received fair treatment.
Even after your duties
were changed, your performance did not improve and your relief
was warranted.

you mentioned nothing

With regard to your

He could

The division psychiatrist notified the

You were reassigned to an infantry unit at Camp Lejeune, NC on
27 September 1979.
company CO on 16 January 1989 that you were seen for an emergency
psychiatric evaluation because you had been contemplating suicide
several times in the past year,
duty.
disorder.
mendation that you not be deployed.

The diagnostic impression was an inadequate personality
Immediate psychotherapy was initiated with a recom-

ever since you were on recruiting

On 8 February 1980, the division psychiatrist reported that
evaluation, observation and treatment since 15 January 1980
revealed three major areas of conflict which were based on your
perception of events:
relieved from recruiting duty,
(2) decreasing motivation with
apathy associated with assignment to an infantry unit, and (3)
ambivalent feelings about continuing in the Marine Corps.
the approval of the CO, you were placed in the division
psychiatry day care program in order to provide you with more
intensified psychiatric treatment.

(1) severe disillusionment after being

With

the division psychiatrist opined that after

On 25 February 1980,
approximately six weeks of treatment,
aversion to returning to any infantry unit.
Although you were
able to function in a clerical role in the sheltered environment
of the psychiatry day care program,
you were unable to adjust to
the demands of military service.
The psychiatry staff believed
that there was potential for an emotional relapse and regression
if forced to return to an infantry line unit.
separation was recommended by reason of an inadequate personality
disorder.

you still had a strong

Administrative

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On 18 March 1980 the division psychiatrist reported to the
Headquarters Company CO that you had been terminated from the
psychiatry day care program on 11 March 1980 so that your
performance and behavior could be observed in an infantry line
company, and the CO could satisfy himself as to your suitability
However, you decompensated emotionally in
for further service.
the infantry company despite being assigned nonstressful duties
as supervisor of a working party.
nightmares involving death, burial, and incarceration in the
brig.
expectations but felt
happen."
It was noted that during this observation period, you
frequently sought emotional support from the division psychiatry
office.
You were again diagnosed with an inadequate personality
disorder and immediately returned to the psychiatry day care
program until administrative discharge processing could be
completed.

You stated you tried to comply with the command's

"like something terrible was going to

You claimed frightful

On 24 March 1990 the commanding officer recommended that you be
honorably discharged by reason of unsuitability due to a
diagnosed personality disorder.
noted that several troop handlers had indicated that you were
easily shaken and had very little control over the detail you
were supervising.
ficantly, shoked noticeably when addressed by those in authority,
and were unable to cope with even nonstressful duties.

You did not seem to be recovering signi-

In his recommendation, the CO

On 26 March 1980 you were notified that action was being
initiated to administratively discharge you by reason of a
diagnosed character and behavior disorder.
your procedural rights,
submit a statement in your own behalf.
authority directed an honorable discharge by reason of unsuit-
ability due to the personality disorder.
on 18 April 1980.

declined to consult with legal counsel or
Thereafter, the discharge

You were so discharged

You were advised of

In its review of your application the Board conducted a careful
search of your service record for any mitigating factors which
might warrant changing the reason for your discharge.
no justification for such a change could be found.
noted the documents you provided from your prior enlistment which
included promotion warrants showing you were promoted to SGT in
less than three years; nominations for military policemen of the
quarter for the months of January, July, and October 1977;
military policeman of the month certificate for June 1977; and
other documents.
The Board also noted your contention to the
effect that your transfer from recruiting duty was in retribution
recruiter-in-
for contacting your congressman regarding the  
charge's abusive treatment,
treatment continued at your new command.
system failed you and you do not have character and behavior

and this same type of abusive

You assert that the

However,

The Board

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You have provided no medical evidence

Absent convincing evidence to the contrary,

disorder, as shown by your distinguished record with the Postal
Service for more than 20 years.
Regulations require that the specific reason for discharge be
shown on the DD Form 214.
that refutes the diagnosis of a personality disorder made by
competent authority.
the Board found no valid basis for changing the reason for
discharge.
you must show to the satisfaction of the Board, or it must
otherwise appear, that the record is in error or that you treated
unjustly by the Navy.
that would satisfy that requirement.
documentation corroborating your record of employment with the
Postal Service.
The Board concluded that the reason for dis-
charge was appropriate and no change is warranted.
your application has been denied. The names and votes of the
members of the panel will be furnished upon request.

In order to justify correction of a military record,

You have failed to submit any  

evidqnce

You also have provided no

Accordingly,

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 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.

You are entitled to have

Sincerely,

W. DEAN PFEIFFER
Executive Director

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