DEP9RTMENT OF THE NAVY
BOARD
FOq CORRECTION OF
NA’IAL RECORD
S
2 NAVY ANNE
X
W
4SHINGTON DC 20370-510
0 TRG
Docket No: 6830-00
8 June 2001
Dear
. -
.
.
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 1554.
2OCl.
Your allegations of error and
.of the Board for Correction of Naval
execctive session, considered your
A three-member panel
Records, sitting in
application on 5 June
injustice were reviewed in accordance with administrative
procedures applicable to the proceedings of this
regulations and
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.
additicn, the Board considered the advisory
opinion furnished by the Naval Medical Center, San Diego, a copy
of which is enclosed.
In
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.
Subsequently, you completed initial training and
While in
The Board found that you enlisted in the Marine Corps on 16 June
1967 at age 21.
reported to your unit in Vietnam on 15 November 1967.
Vietnam, you participated in six combat operations and were
awarded the Combat Action Ribbon and the Purple Heart.
records also shows that you received nonjudicial punishment
for an absence from your appointed place of duty.
Vietnam on 13 July 1968.
You left
The
(NJP)
On 4 February 1969 you received NJP for an absence from your
appointed place of duty and disobedience.
included a reduction in rank to PFC (E-2).
were convicted by civil authorities of tampering with an
automobile and were sentenced to six months in jail, of which
five months was suspended.
August 1969.
were held by civil authorities.
reduction in rank to PVT (E-l).
You returned to the Marine Corps on 9
That same day, you received NJP for the 31 days you
The punishment imposed
On 9 July 1969 you
The punishment included a
On 20 September 1969 you were arrested by civil authorities,
and were released on bond two days
apparently for burglary,
later.
Seventeen days
have an antisocial
recommended an
inappropriate behavior would continue.
later, you were evaluated and found to
administrative discharge because he believed your
personality disorder.
The psychiatrist
pending felony charges.
w13re notified of separation processing due
ci*ril authorities of tampering with an
On 20 October 1969 you
to your conviction by
automobile and the
you were convicted by
and were sentenced to
administrative discharge board (ADB) met on 11 March 1970 and
recommended an undesirable discharge
by reason of misconduct
based on both conviction; by civil authorities.
the discharge authority
and you were so
Subsequently,
,3pproved the recommendation of the ADB
ciril authorities on two counts of burglary
co:lfinement for one year on each count. An
dischargl?d on 20 March 1970.
On 1 December 1969
ap:>lication the Board carefully weighed all
f.ztors, such as your combat service in
bluing wounded
In its review of your
potentially mitigating
Vietnam which included
considered the character references you submitted, and the
diagnosis made by the
suffer from post traumatic stress disorder (PTSD).
contends that the
drugs and alcohol and
you should not be
your PTSD.
unrecolgnized PTSD led to self medication with
He believes that
punishesd for misconduct which resulted from
De:>artment of Veterans Affairs that you
yo'lr felony conviction.
The Board also
.in action.
Your counsel
these factors and contentions were not
rezharacterization of your discharge given
The Board found that
sufficient to warrant
your convictions by civil authorities of burglary and tampering
with an automobile.
the record to show that
while in the Marine
authorities found you responsible for your actions and competent
'qere convicted of the burglary charges.
to stand trial when you
Therefore, the Board substantially
co:ncurred with the comments
contained in the advisor{ opinion.
The Board noted that there is no evidence in
.{ou were not responsible for your actions
Further, it is clear that civil
Corps.
Accordingly, your
votes of the members of the panel will be furnished upon request.
application has
The names and
bee:n denied.
It is regretted that the circumstances of your case are such that
favorable action,cannot
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
presumption of
regularit,! attaches to all official records.
kelep in mind that a
im>ortant to
:>e taken.
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.
Sincere:Ly,
W. DEAN PFEIFFER
Executive Director
Enclosure
copy to:
The Military Order of
th(z Purple Heart
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