DEPARTMENT OF THE NAVY
BOARD FOR C O R R E C T I O N O F N A V A L R E C O R D S
2 N A V Y A N N E X
WASHINGTON DC 20370-51 00 JRE
Docket No. 01702-03
20 October 2003
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 2 October 2003. 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 yoZl served on active duty in the Marine
Corps from 29 May 1969 to 21 May 1970, when you discharged by
reason of unsuitability, with a general discharge.
The Board rejected the majority of your contentions concerning
inaccuracies in the narrative summary of your hospitalization
during the 28-31 October 1969 period, as they are belied by
information in a letter you wrote to former Senator Joseph M.
Montoya on or about 9 February 1970, in which you enclosed a
copy of the narrative summary. You essentially endorsed the
contents of the narrative summary, and complained that you were
getting the "run al-mnd" with regard to the investigation into
your admission of drug abuse, as well as with the initiation of
discharge processing. You stated you feared that "complete
insanity" would ensue unless your situation were remedied in the
near future, i.e., that you were expeditiously discharged from
the Marine Corps. There is no indication in the available
records that you were psychotic when you wrote the senator, or
that any one forced you to write him.
The Board rejected your contention to the effect that your
discharge by reason of unsuitability was improper because an
investigation into your admission of drug abuse had not been
completed. The Board noted that there is a copy of an
electronic message in your service record, dated 27 March'1970,
which indicates the investigation into your use of narcotics had
been completed.
The Board concluded that your recitation of your pre-service
criminal history is incomplete, and false. It noted that in
addition to an arrest for tampering with, and larceny from, a
motor vehicle, you were made a ward of the court on 23 May 1965
in Santa Fe, New Mexico, and placed on probation until 7 July
1967, for the offense of "entering without breaking". The FBI
"rap sheet" you submitted in support of your application is
somewhat misleading, in that it does not reflect your complete
juvenile record, or your post-service confinement in the Federal
penal system for an extended period of time.
The Board rejected your contention that information you provided
military officials concerning your medical history and pre-
service drug use is invalid. 10 USC 1219 provides that a
service member may not be required to sign a statement
concerning the origin, incurrence or aggravation of a disease or
injury that he has, and that any such statement against his
interests, signed by a member, is invalid. The Board could not
find any indication in your record that you were required to
make or sign such a statement. It also found that you
voluntarily disclosed pertinent aspects of your drug abuse and
medical history to a former senator in order to expedite your
discharge processing.
The Board rejected your contention that you were improperly
denied knee surgery that had been scheduled prior to your
discharge. The limited records available to the Board, which
are copies of records in the possession of the Department of
Veterans Affairs, indicate that on 31 March 1970, a physician
reported that you had been placed on a quadriceps rehabilitation
program, your attendance in the program had been poor, and your
recommended that you undergo an arthrotomy, to be followed by
further quadriceps rehabilitation. There is no indication in
available records that the recommendation was approved, and/or
that you consented to undergoing surgery. Your failure to
report any symptoms of knee disability when you underwent a pre-
separation physical examination on 19 May 1970, may indicate
that your knee condition was no longer symptomatic, you had
recovered, or that you concealed any symptoms you were suffering
at that time in order to expedite your separation. It did not
appear to the Board that you were in need of emergent medical
care on the date of your discharge, or that there was any basis
for retaining you on active duty for the purpose of according
you further medical care. The Board also rejected the
conclusions of Dr. Maron concerning the alleged "catastrophic"
nature of the knee injury you sustained in 1969, as well as his
conclusion that you were disabled at the time of your discharge
from the Marine Corps. The Board concluded that his opinion is
unsubstantiated, and that his conclusions are suspect, because
they were based, in large part, on information related by you.
The Board does not consider you to be a reliable historian.
As you have not demonstrated that you were unfit for duty by
reason of physical disability at the time of your discharge, or
that it was erroneous or unjust in any other respect, the Board
was unable to recommend any corrective action in your case.
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,
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