Search Decisions

Decision Text

NAVY | BCNR | CY2007 | 06363-07
Original file (06363-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

CRS
                                                                                 Docket No: 6363-07
                                                                                 29 February 2008




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 27 February 2008. 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 15 November 1968. On 12 May 1969 you received nonjudicial punishment for an unauthorized absence. On 19 May 1969 you were transferred to Vietnam where you were wounded in action on 6 June 1969 and immediately transferred to medical facilities outside of Vietnam. Subsequently, you received three nonjudicial punishments and were convicted by a special court-martial. The offenses included unauthorized absences totaling 268 days, failure to obey a lawful order, and disrespect.
On 7 September 1971 you submitted a written request for discharge for the good of the service in lieu of trial by court-martial for an unauthorized absence of 140 days. Prior to submitting this request you conferred with a qualified military lawyer who advised you of your rights and warned of the probable adverse consequences of receiving an undesirable discharge. Your request was approved by the discharge authority, and you received an undesirable discharge on 11 February 1972.
On 1 June 1977 the Naval Discharge Review Board (NDRB) recharacterized your discharge to general under the Special Discharge Review Program (SDRP). However, on 21 June 1978 NDRB declined to affirm the general discharge under its uniform discharge review standards, thereby denying your eligibility for veterans benefits.
In its review of your application the Board carefully weighed all potentially mitigating factors, such as the contentions that you had symptoms of posttraumatic stress disorder (PTSD) after you were wounded, which in turn caused your misconduct, and that discharge does not reflect the true character of your service. The Board found those contentions insufficient to warrant corrective action in your case.
The Board concluded that your service was properly characterized with an undesirable discharge given your repeated commission of serious offenses. In addition, the Board believes that considerable clemency was extended to you when your request for discharge was approved since, by that action, you avoided the possibility of a Federal conviction, confinement at hard labor and a punitive discharge. Further, the Board concluded that you received the benefit of your bargain when your request for discharge was granted, and you should not be permitted to change it now.
The Board was not persuaded that you suffered from PTSD while in the Marine Corps, or that you lacked mental responsibility for your actions. 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

Similar Decisions

  • NAVY | BCNR | CY2000 | 03714-00

    Original file (03714-00.pdf) Auto-classification: Denied

    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. Pursuant to reference (a) a review of enclosure (1) was conducted to form opinions about the subject petitioner's claims that he suffered fiom Post Traumatic Stress Disorder at the time of his service and that this was a significant contributing factor to the misconduct that lead to his discharge. The misconduct that...

  • NAVY | BCNR | CY2002 | 07518-00

    Original file (07518-00.pdf) Auto-classification: Denied

    he had been granted an honorable discharge by the Department of the Navy, but that this decision was reversed by the Marine Corps. b. Mr. documentation that the patient manifested symptoms of PTSD immediately following his return from Vietnam, and that these symptoms led to the patient's undesirable discharge in 1970. result of the patient's Vietnam combat experiences.

  • NAVY | BCNR | CY2001 | 08505-00

    Original file (08505-00.pdf) Auto-classification: Approved

    1552 Encl: (1) Case Summary (2) Subject's naval record Pursuant to the provisions of reference (a), Petitioner, a 1. former enlistment member of the United States Marine Corps, filed enclosure (1) with this Board requesting, in effect, that his naval record be corrected to show a more favorable discharge than the undesirable discharge issued on 23 March 1971. considered by the Board consisted of the enclosures, naval records, and applicable statutes, regulations and policies. Petitioner...

  • NAVY | BCNR | CY2001 | 06830-00

    Original file (06830-00.pdf) Auto-classification: Denied

    Your allegations of error and .of the Board for Correction of Naval execctive session, considered your A three-member panel Records, sitting in application on 5 June injustice were reviewed in accordance with administrative procedures applicable to the proceedings of this regulations and Board. w13re notified of separation processing due ci*ril authorities of tampering with an On 20 October 1969 you to your conviction by automobile and the you were convicted by and were sentenced...

  • NAVY | BCNR | CY2002 | 06568-02

    Original file (06568-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 November 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. You were sentenced to confinement at hard labor forfeitures of $50 per month for three months, On 31 January 1970, the convening Your record further reflects you were an unauthorized absentee from 5 March 1970 to 2...

  • NAVY | BCNR | CY2001 | 00279-99

    Original file (00279-99.pdf) Auto-classification: Denied

    Subsequently, you served in Vietnam from 13 March During this period, on 16 May 1968, you During the next 11 months you received Your offenses were The court sentenced you to reduction to pay grade E-l, On 29 September 1969 you were convicted by a special martial of two periods of unauthorized absence totaling about 124 days. found that these factors and contentions were not sufficient to warrant recharacterization of your discharge given your multiple The Board noted and lengthy periods of...

  • NAVY | BCNR | CY2002 | 04395-02

    Original file (04395-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 November 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Documentary material considered by the Board consisted of Board. The Board found that your request was granted on 8 On 5 July 1977 your discharge was upgraded to general under the provisions of the Special Discharge Review...

  • NAVY | BCNR | CY2008 | 00605-08

    Original file (00605-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 September 2008. On 12 October 1970, you requested an undesirable discharge (UD) for the good of the service to avoid trial by court-martial for charges of unauthorized possession of a government .45 caliber weapon and assault with a knife by making a movement to cut another Marine. The Board also concluded that you received the benefit of your bargain with the...

  • NAVY | BCNR | CY2002 | 02562-02

    Original file (02562-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 31 July 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. On 22 June 1973 the commanding officer recommended that he be The record reflects that on 14 July 1969 he On 4 February 1970 he was evacuated On 21 September 1972 he was The court sentenced him to five years separated with...

  • NAVY | BCNR | CY2001 | 04690-99

    Original file (04690-99.pdf) Auto-classification: Denied

    You were so discharged on 15 July The commanding officer noted In its review of your application the Board conducted a careful search of your service and medical records for any evidence showing you were wounded in action while serving in Vietnam. you were transferred from Vietnam, request to CMC to see if you were reported to have been wounded in action on 26 March 1966. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...