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NAVY | BCNR | CY2001 | 06830-00
Original file (06830-00.pdf) Auto-classification: Denied
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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