DEPARTMENT OF THE
NAVY
FORCORRECTION OF NAVAL RECORD
BOARD
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
S
JRE
Docket No:
21 May 2002
6322-01
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 16 May 2002. Your allegations of error and 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 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 you reenlisted in the Marine Corps on 3 December 1965 in the rank of
sergeant. You were absent without authority on multiple occasions during that enlistment,
and ultimately reduced to the rank of private as a result of convictions by summary and
special courts-martial, and a nonjudicial punishment pursuant to the provisions of Article 15,
You were discharged on 28 February 1969 by reason of
Uniform Code of Military Justice.
hardship. On 30 September 1982, the Board directed that your record be corrected to show
that you were retired by reason of physical disability effective 1 March 1969, with a 50%
rating for a depressive reaction, and 0% ratings for five other conditions. Your record was
corrected by the Commandant of the Marine Corps on 13 October 1982.
Although your record shows that you suffered from a significant depressive disorder prior to
your discharge from the Marine Corps, there is no indication in the available records that
you lacked mental responsibility at the times of the commission of the offenses which
resulted in your reductions in grade.
The Board was not persuaded that your misconduct
should be excused, or that your record should be corrected to show that you were retired in
a grade higher than private. Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
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 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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