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NAVY | BCNR | CY2004 | 00646-04
Original file (00646-04.rtf) Auto-classification: Denied
         DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
          2 NAVY ANNEX   
                                    WASHINGTON DC 20370-5100
                                                                        

                  JRE
                                                                Docket No. 00646-04
                                                                                                    13 August 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 29 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 you application, together with all material submitted in support thereof, your naval record and applicable statutes, regulation 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 enlisted in the Marine Corps on 8 February 1977. You received nonjudicial punishment on three occasions, for disobedience, possession of marijuana and unauthorized absence, and you were convicted by special court-martial of an unauthorized absence of ninety-one days’ duration. You were referred to a psychiatrist on 22 June 1979, for evaluation of drug dependence, flashbacks and an inadequate personality. Your mental status was assessed as normal at that time, and no hallucinations were noted. The psychiatrist established a diagnostic impression of inadequate personality, and you were returned to duty. You underwent a pre-separation physical examination on 31 August 1979, and were found physically qualified for duty. On 6 September 1979, you were convicted by special court-martial of theft of government property, and sentenced to reduction in grade, forfeiture of pay, confinement at hard labor, and a bad conduct discharge.
The Board rejected your unsubstantiated contention to the effect that you lacked mental responsibility at the time you committed the offenses that resulted in your discharge. It concluded that the fact that you suffer from an unspecified mental disorder at this time does not demonstrate that you suffered from a similar disorder while serving in the Marine Corps, that you were unfit for service by reason of physical disability, or that you should have been referred for disability evaluation rather than trial by court-martial. 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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