DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

ELP
Docket No. 4690-99
30 June 2000

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 28 June 2000.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
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 medical record

The record reflects that you enlisted in the Marine Corps on
2 November 1964 for four years at age 20.
reflects that you were referred for a psychiatric evaluation due
to your having difficulty in getting along and doing poorly in
training.
You reported to the examining psychiatrist that you
were still working through the loss of your father, who you had
The
found dead in the garage at home shortly before enlisting.
psychiatrist opined that although you continued to be preoccupied
with your father's death there was no indication of serious
He further opined that there was some emotional
depression.
instability, but he did not believe it would prevent you from
completing recruit training.
help if you felt the need.

You were encouraged to seek further

Thereafter, you were advanced to PFC (E-2) and continued to serve
without further incident until 25 May 1965, when you requested to
see a psychiatrist because you found yourself unable to
adequately perform your job because of frequent episodes of

depression and crying.
continued to be preoccupied by your father's suicide. No
intervention was required and you were returned to duty.

The division psychologist noted that you

The record reflects that you reported to duty in Vietnam on
21 December 1965 and were medically transferred on or about
11 March 1966 for anxiety reaction and battle fatigue.
admitted to the Naval Hospital,
The medical care summary noted that you were transferred from
Vietnam because of recurrent episodes of fever and a psycho-
logical problem consisting of combative behavior and grief
following the death of your buddy on the battlefield.
episodes began in October 1965 and lasted l-3 days.
1966 you were diagnosed as having hookworm but were returned to
duty.

Thereafter, you were advanced to LCPL (E-3).

Philadelphia on 15 March 1966.

The fever
On 21 April

You were

On 31 August 1966, the commanding officer advised the Commandant
of the Marine Corps (CMC) that you said you stepped on a punji
stick on 26 March 1966 during an operation in Vietnam, had
received the Purple Heart Medal.
in the service record to show this award.
records failed to show you were wounded in action again insurgent
communist forces, and that the Purple Heart Medal was not
authorized for a diagnosis of combat fatigue.
On 17 February
1967 a second request for the Purple Heart Medal was submitted.
Again, CMC responded that you were not entitled to the Purple
Heart Medal.
Further, the casualty section at Headquarters,
Marine Corps advised the Decorations and Medals Branch that
records at the Bureau of Medicine and Surgery failed to show that
you were wounded by hostile enemy action.

However, there were no entries
CMC responded that its

On 5 March 1967 you were taken to an emergency room with a
slip", stating you had suffered an anxiety reaction.
You
reported that you were brought to the hospital by the local
police.
the face of your buddy who was killed in Vietnam.
by the examining doctor that this was a persistent problem which
The medical record indicates that you were
should be resolved.
but no such evaluation is on file
to be seen by a psychiatrist,
in the medical record.

You claimed that while at a drive-in you started seeing
It was noted

 

"sick

On 4 January 1968 you were honorably discharged in order

You then served without further incident, were advanced to CPL
(E-4).
that you could immediately reenlist,
During the nine month period from August
1968 for three years.
1968 to April 1969 you received two nonjudicial punishments and
were convicted by a summary court-martial.
consisted of two instances of failure to obey a lawful order,
wrongful appropriation,
card showing the rank of SGT (E-5), a two day period of

having a false military identification

and you did so on 5 January

Your offenses

unauthorized absence, wearing the insignia of a SGT, and wearing
the Purple Heart Ribbon and the Bronze Star Ribbon with combat V.
On 8 April 1969, prior to your summary court-martial conviction,
you were admitted for acute anxiety reaction and were diagnosed
with an emotionally unstable personality.

On 18 June 1969 you were recommended for an undesirable discharge
by reason of unfitness due to an established pattern of failure
to pay just debts and frequent involvement of a discreditable
nature with military authorities.
in his recommendation that you were pending trial by special
court-martial for writing seven bad checks totalling $230.22.
You received your third NJP on 27 June 1969 for failure to go to
your appointed place of duty and failure to obey a lawful order.
A staff judge advocate reviewed the discharge proceedings and
found them to be sufficient in law and fact.
The discharge
authority directed an undesirable discharge by reason of
unfitness on 1 July 1969.
1969.

You were so discharged on 15 July

The commanding officer noted

In its review of your application the Board conducted a careful
search of your service and medical records for any evidence
showing you were wounded in action while serving in Vietnam.
However, no evidence could be found.
you were transferred from Vietnam,
request to CMC to see if you were reported to have been wounded
in action on 26 March 1966.
Medicine or Surgery had any record of you being wounded.
The
Board noted that on 26 March 1966 you had already been medically
transferred and admitted to a naval hospital.
Absent medical
documentation showing treatment of wounds received in combat or
statements from credible eye witnesses who can attest to the
facts and circumstances of how you were wounded, the Board found
no basis to award you the Purple Heart Medal.

Neither, CMC or the Bureau of

The Board noted that after

your command submitted a

However, it appeared to the Board

The Board noted that you reenlisted about ten months prior to the
expiration of your enlistment.
that since you served more than eight months beyond the date your
you should be entitled to
first enlistment would have expired,
veterans benefits for your first period of honorable service. If
you have not applied to the Department of Veterans Affairs, you
should do so.
numerous occasions for psychological problems.
NJPs, a summary court-martial conviction,
court-marital during your second period of service led to a
discharge under other than honorable conditions.
You have
provide no probative medical evidence to support your statement
that you have been diagnosed with post traumatic stress disorder.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.

The Board also noted that you were seen on

However, three
and a pending special

3

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