DEPARTMENTOFTHE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
CRS
Docket No: 2562-02
6 September 2002
Your allegations of error and
This is in reference to your application on behalf of your late
husband for correction of his 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 31 July 2002.
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 late husband's naval record and applicable
statutes, 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 found that your late husband reenlisted in the Marine
Corps on 27 September 1968 after more than nine years of prior
active service.
received nonjudicial punishment for assaulting another Marine.
On 28 December 1969 he got into an argument with other Marines
and threatened to kill them.
from Vietnam after being diagnosed with a passive aggressive
personality disorder.
On 27 January 1971 he was convicted by
civil authorities of driving under the influence of alcohol,
The
fleeing the scene of an accident, and failure to appear.
court sentenced him to confinement for 49 days.
On 13 January 1971 he was convicted by a summary court-martial of
an unauthorized absence of 29 days.
convicted by civil authorities of drunk driving causing injury
and manslaughter.
probation and a year-of confinement.
On 22 June 1973 the commanding officer recommended that he be
The record reflects that on 14 July 1969 he
On 4 February 1970 he was evacuated
On 21 September 1972 he was
The court sentenced him to five years
separated with an undesirable discharge by reason of misconduct
When informed of the recommendation, he
due to civil conviction.
elected to waive the right to present his case to an
After review by the discharge
administrative discharge board.
authority, the recommendation for separation was approved and on
17 July 1973 he received an undesirable discharge.
In its review of your application the Board carefully weighed all
such as the contentions that he
potentially mitigating factors,
should have been treated for alcohol abuse and that he suffered
However, the Board
from post traumatic stress disorder (PTSD).
concluded that these factors were not sufficient to warrant
recharacterization of his discharge,
civil conviction and his frequent civil and military offenses.
In this regard, there is no evidence in the record, and you have
submitted none, to show that he suffered from PTSD at the time of
his service.
symptomatic during his period of active duty, there is no
indication that the disorder caused an inability to know right
from wrong or adhere to the right,
mitigating to warrant recharacterization.
does not excuse misconduct.
been denied.
will be furnished upon request.
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.
or that it was sufficiently
Accordingly, your application has
Additionally, even if he did, and it became
given the seriousness of the
The names and votes of the members of the panel
Further, alcohol abuse
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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