DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 6115-99
21 June 2000
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the 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 13 June 2000.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application,
thereof, your naval record and applicable statutes, regulations
and policies.
Documentary material considered by the Board consisted of
together with all material submitted in support
'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 Board found that you enlisted in the Marine Corps on 16
The record shows that in May 1990 you
February 1988 at age 17.
were convicted by a special court-martial of wrongful possession
of a
words.
forfeitures of pay totaling $800 and three months confinement at
hard labor.
August 1990.
The court sentenced you to reduction to PFC (E-21,
You were restored to duty from confinement on 13
9MM pistol and metal knuckles,
and wrongful use of provoking
Subsequently, you were diagnosed with a personality disorder.
The psychologist believed that you were a high risk to harm
yourself or others and admitted you to the psychiatric unit.
informed the psychiatrist of several suicide attempts, and said
that you had been expelled from school after assaulting a
teacher.
administrative discharge stating, in part, as follows:
On 23 August 1990 the psychiatrist recommended your
You
Although not presently considered a danger to himself,
he may make further suicidal threats or gestures if
retained in the Marine Corps.
return to duty for processing for administrative
He is deemed fit for
separation
to weapons until discharge.
.
. It is recommended that he have no access
.
On 18 September 1990 your company commander recommended that you
be assigned a 1.9 mark in conduct.
Based on the psychiatric evaluation,
administrative discharge.
you elected to waive your procedural rights.
the discharge authority approved the recommendation of your
commanding officer that you be discharged due to the diagnosed
You were so
personality disorder with a general discharge.
discharged on 30 November 1990.
you were processed for an
In connection with this processing,
On 10 November 1990
Character of service is based, in part, on conduct and
proficiency averages which are computed from marks assigned
during periodic evaluations.
averages computed from the marks entered on your marks page were
4.0 and 4.3, respectively.
conduct was normally required at the time of your separation for
a fully honorable characterization of service.
apparently were not assigned a mark in conduct in connection with
your special court-martial and period of confinement.
Additionally, the recommended 1.9 mark in conduct was not
included in the computation of your conduct mark average.
A minimum average mark of 4.0 in
Your conduct and proficiency
However, you
In its review of your application the Board carefully weighed all
such as your youth and good post
potentially mitigating factors,
service adjustment which includes service in the National Guard.
You have submitted a copy of a psychiatric evaluation which was
apparently done in connection with your enlistment in the
National Guard.
college, were working on becoming a CPA, and had otherwise made a
good post service adjustment.
stating
"1 seriously doubt he ever had a personality disorder."
That evaluation notes that you had completed
The evaluation concluded by
The Board found that these factors were not sufficient to
warrant recharacterization of your discharge given your
conviction by a special court-martial and your failure to achieve
the required average mark in conduct.
psychiatric evaluation,
did not provide the same psychiatric history that you provided
the Navy psychiatrist, and the evaluations done by the Navy were
Therefore, the Board believed that you have not
not considered.
refuted the Navy's diagnosis of a personality disorder.
it is clear that whatever your psychiatric condition, it did not
excuse the offenses which led to your special court-martial, the
primary reason you were issued a general discharge.
the Board noted it was very brief, you
Concerning the most recent
However,
Concerning the conduct mark average,
were not assigned a mark in conduct in connection with your
the Board noted that you
2
‘t
special court-martial conviction and period of confinement. If
the 1.9 mark in conduct had been included in the computation, you
would not have met the requirement of a 4.0 average mark in
conduct and a general discharge would have been appropriate.
reaching its decision the Board was aware that Marine Corps
regulations allow the discharge authority to substitute a general
discharge in cases such as yours even if the conduct mark average
would normally result in the issuance of an honorable discharge.
In your case, the commanding officer and staff judge advocate
both recommended a general discharge,
directed such a discharge.
discharge was proper as issued and no change is warranted.
The Board concluded that the general
In
and the discharge authority
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The names and
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
3
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