Y
DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 203704100
CRS
Docket No: 6690-99
8 June 2000
Dear
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 17 May 2000.
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.
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 6
December 1966 at age 17.
two nonjudicial punishments.
unauthorized absence of seven days, underage drinking, and being
incapacitated for duty.
The record reflects that you received
The offenses included an
On 20 January 1969 you were convicted by a general court-martial
of conspiracy to commit larceny of government property worth
$1129, stealing that property, and stealing a government truck.
The sentence imposed consisted of confinement at hard labor for
two years, forfeiture of all pay and allowances, reduction in
rank and a bad conduct discharge.
convicted by a second court-martial of an unauthorized absence of
four days and escaping from confinement.
Subsequently, the bad
conduct discharge was ordered executed.
You were discharged on
18 November 1969.
On 15 May 1969 you were
In its review of your application the Board carefully weighed all
potentially mitigating factors,
such as your contention that post
traumatic stress disorder (PTSD) caused your misconduct.
However, the Board concluded that these factors were not
sufficient to warrant recharacterization of your discharge due to
In this regard,
the frequency and seriousness of your offenses.
the Board especially noted the serious nature of the offenses
involving the theft of government property.
evidence in the record, and you have submitted none, to show that
you suffered from PTSD at the time of your service.
Additionally, even if you did, and it became symptomatic during
your period of active duty,
disorder caused an inability to know right from wrong or adhere
to the right, or that your PTSD was sufficiently mitigating to
warrant recharacterization.
Accordingly, your application has
been denied.
will be furnished upon request.
The names and votes of the members of the panel
Further, there is no
there is no indication that the
It is regretted that the circumstances of your case are such that
favorable action cannot be taken.
You are entitled to have 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.
Sincerely,
W. DEAN PFEIFFER
Executive Director
copy to:
Veterans of Foreign Wars
2
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