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Decision Text

NAVY | BCNR | CY2007 | 01307-07
Original file (01307-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
         WASHINGTON DC 20370-5100        


                 
CRS
                  Doc
ket No: 1307-07
                  13 March 2007







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 7 March 2007. 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 16 January 1979 after more than 11 years of prior active service. The record reflects that on 14 January 1980, state authorities in California charged you with kidnapping and bodily harm of an informant. On 25 February 1980 you were convicted in United States District Court on previous charges related to the sale and distribution of cocaine. The court sentenced you to confinement for 18 months.

On 26 April 1980 you were admitted to a state hospital for a psychiatric evaluation. On 20 August 1980 you were diagnosed with schizophrenia but found mentally competent to stand trial on the charges of kidnapping and bodily harm of an informant. Nevertheless, upon review by the trial judge, you were returned to the state hospital until you recovered your sanity.

On 11 March 1981 an administrative discharge board recommended that you be separated with an other than honorable discharge by reason of misconduct due. to drug abuse and civil conviction. After review by the discharge authority, the recommendation for separation was approved and on 11 May 1981 you received an other than honorable discharge by reason of misconduct due to civil conviction.

In its review of your application the Board carefully weighed all potentially mitigating factors, such as your prior period of honorable service, to include combat service in Vietnam. The Board also considered the contention that schizophrenia caused your misconduct. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge, given the seriousness of your civil conviction in United States District Court. Additionally, it does not appear that the District Court believed any mental problem caused an inability to know right from wrong or adhere to the right. 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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