DEPARTMENTOFTHE NAVY
BOARD
FOR CORRECTION OF NAVAL RECORD
NAVY
ANNEX
2
WASHINGTON DC 20370-510
0
S
TRG
Docket No:
6 December 2002
4395-02
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 26 November 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
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.
You enlisted in the Marine Corps on 18 August 1967 at age 18. On
6 February 1968 you reported to your unit in Vietnam where you
participated in eight combat operations and were awarded the
Combat Action Ribbon.
The record shows that you were an unauthorized absentee from 4
November to 18 November 1968 although there is no disciplinary
action in the record.
A special court-martial convened on 27
February 1969 and convicted you of an unauthorized absence of
about nine days.
The court sentenced you to reduction to pay
grade E-l, forfeitures of pay and two months hard labor without
confinement.
You left Vietnam on 23 March 1969.
On 23 May 1969 you received nonjudicial punishment for an
unauthorized absence of about 18 days.
unauthorized absentee from 28 May to 8 October 1969 and from 13
November 1969 to 16 July 1970.
Subsequently, you were an
Your military record shows that you submitted a written request
for an undesirable discharge in order to avoid trial by
court-
martial for the two foregoing periods of unauthorized absence
totaling about 376 days.
Your record also shows that prior to
submitting this request you conferred with a qualified military
lawyer at which time you were advised of your rights and warned
of the probable adverse consequences of accepting such a
discharge.
September 1970 and, as a result of this action, you were spared
the stigma of a court-martial conviction and the potential
penalties of a punitive discharge and confinement at hard labor.
You were discharged on 16 September 1970.
The Board found that your request was granted on 8
On 5 July 1977 your discharge was upgraded to general under the
provisions of the Special Discharge Review Program (SDRP).
However, Public Law 95-126 required that all SDRP discharges be
again reviewed and affirmed under traditional standards of review
before there was an entitlement to veterans benefits.
Your case
was not affirmed under traditional standards.
The Board found that these factors were not
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, limited
education, low score on the aptitude test, and combat service in
Vietnam.
The Board also considered your contention that you were
mentally ill and were suffering from Post Traumatic Stress
Disorder (PTSD).
sufficient to warrant recharacterization of your discharge given
your record of misconduct and especially your request for
discharge to avoid trial for the offenses.
you were diagnosed with a paranoid personality disorder there was
no finding that you were not responsible for your actions or
incompetent to stand trial for your offenses.
Further, PTSD is
not considered to be an excuse for misconduct. The Board believed
that considerable clemency was extended to you when your request
for discharge to avoid trial by court-martial was approved since,
by this action, you escaped the possibility of confinement at
hard labor and a punitive discharge.
concluded that you received the benefit of your bargain when your
request for discharge was granted and you should not be permitted
to change it now.
proper as issued and no change is warranted.
While it is true that
Further, the Board
The Board concluded that your discharge was
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
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
2
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
W. DEAN PFEIFFER
Executive Director
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