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NAVY | BCNR | CY2003 | 08724-03
Original file (08724-03.rtf) Auto-classification: Denied
                  DEPARTMENT OF THE NAVY
         BOARD FOR CORRECTION OF NAVAL RECORDS
                                              2 NAVY ANNEX
 WASHINGTON DC 20370-5100

                           JRE
                          Docket No. 08724-03
                                                                                          27 July 2004


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 22 July 2004. 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 enlisted in the Marine Corps on 16 August 1965. You served in Vietnam for an extended tour, and had extensive combat service. You received, among other decorations, the Purple Heart, and fifteen awards of the Air Medal. You received nonjudicial punishment on 3 August 1967 and 6 November 1967, for wrongful appropriation of a government vehicle, failure to obey an order, and larceny or wrongful appropriation. You were honorably discharged on 25 August 1968, for the purpose of immediate reenlistment. You reenlisted the following day. On 14 January 1969, you received nonjudicial punishment for a brief unauthorized absence, and you were convicted by summary court-martial on 16 January 1969 of a thirty-five day absence without authority. You were apprehended by federal authorities on 26 May 1970, after an unauthorized absence of 127 days. Upon your return to military control, you requested discharge for the good of the service in lieu of trial by court-martial. Your request was denied. You were convicted by special court-martial on 29 June 1970, and sentenced to reduction in grad, confinement at hard labor and a bad conduct discharge. On 18 August 1970, you waived the right to request restoration to duty, and requested that the bad conduct discharge be executed. You departed on appellate leave on 20 August 1970, and were separated from the Marine Corps with a bad conduct discharge on 4 December 1970.




The Board was not persuaded that you were suffering from posttraumatic stress disorder prior to your discharge, or that the misconduct that resulted in your discharge was caused by or related to the effects of a mental disorder. Although the Board was impressed by and grateful for your service to your country during your first enlistment, it concluded that that service and your good post service conduct achievements are outweighed by the repeated acts of misconduct you committed during your second enlistment. The Board concluded that your second period of service was properly characterized with a discharge under other than honorable conditions, and that there is no basis for it to direct that your discharge be upgraded. 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 Di rector

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