DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
Y
2
NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No:
16 June 2000
7119-99
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 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.
Documentary material considered by the Board consisted of
your application, together with all material submitted in support
thereof, and applicable statutes,
Your allegations of error and
regulations and policies.
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 was unable to obtain your service record and conducted
its review using the copy of the service record you submitted.
The Board found that you enlisted in the Marine Corps on 27
February 1978 at age 17.
The record shows that during 1978 you
received nonjudicial punishment on two occasions.
Your offenses
were an absence from your appointed place of duty and destruction
of a locker.
rehabilitation program, but were dropped from the program on 16
November 1979.
At that time, you were diagnosed with habitual
excessive drinking, other substance abuse and a passive
aggressive personality with
On 29
February 1980 you were convicted by Japanese authorities of
robbery and were sentenced to three years in prison.
Subsequently, you were referred to an alcohol
sociopatic tendencies.
Based on your conviction by Japanese authorities you were
processed for an administrative discharge.
processing documentation appears to be incomplete.
discharge authority approved the recommendation of your
commanding officer that you be discharged for misconduct with an
other than honorable discharge.
December 1981.
You were so discharged on 3
The discharge
However, the
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, limited
education, diagnosed alcoholism and personality disorder.
Board also considered the psychiatric evaluation, dated 11 June
1999, you submitted which sets forth a history of physical abuse
as a child and a long history of mental illness, and alcohol and
drug abuse.
mixed; Chronic Post Traumatic Stress Disorder; Cognitive Disorder
not otherwise specified;
and polysubstance abuse/dependency, in
partial remission.
psychiatric problems,
ability to serve.
The psychiatric diagnoses are Bipolar Disorder,
You contend that your deprived background
The
and drug and alcohol abuse impaired your
The Board found that these factors and contentions were not
sufficient to warrant recharacterization of your discharge given
your conviction by Japanese authorities of a serious offense.
Concerning your documented alcoholism, the Board was aware that
alcohol abuse is not considered an excuse for misconduct and
disciplinary action is appropriate following alcohol related
misconduct.
submitted but noted it was conducted almost 18 years after your
There is no evidence in the
discharge from the Marine Corps.
record, and you submitted none,
responsible for your actions or were incompetent to stand trial
by Japanese authorities in 1980.
The Board concluded that the
discharge was proper as issued and no change is warranted.
The Board considered the psychiatric evaluation you
showing that you were not
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
t
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