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NAVY | BCNR | CY2007 | 07934-07
Original file (07934-07.rtf) Auto-classification: Denied
                 DEPARTMENT OF THE NAVY
         BOARD FOR CORRECTION OF NAVAL RECORDS
                                                                2 NAVY ANNEX
 WASHINGTON DC 2O37O~51OO



TRG
Doc ket No: 7934-07
          14 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- memb er panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 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, the naval record you submitted 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.
You enlisted in the Marine Corps for four years on 31 July 1959 at age 20. During the period from 30 January 1960 to 8 March 1961, you received nonjudicial punishment (NJP) on seven occasions. Your offenses included wrongful possession of alcoholic beverages, disrespect, disobedience, fighting on board ship, a short period of unauthorized absence and several other relatively minor offenses. You were honorably discharged on 10 September 1962 for the purpose of immediate reenlistment. At that time, you had completed three years, one month and 10 days of your four year enlistment.
You reenlisted in the Marine Corps on 11 September 1962 for six years. You then served without incident until 14 January 1964. During the period from 14 January 1964 to 29 January 1965, you received four NJP’s and were convicted by a summary court-martial. Your offenses were assault, absence from your appointed place of duty for 30 minutes, false official statement and wrongful appropriation. It appears that you served in Vietnam beginning on 27 April 1966. On 4 June 1966, you received another NJP for wrongful possession of a personally owned firearm and discharging that weapon through carelessness. However, on 1 September 1966 you were promoted to sergeant. It appears that you left Vietnam on 6 September 1966. The record shows that
 while in Vietnam you participated in 10 combat operations. Subsequently, you were an unauthorized absentee for about seven days, were reported for writing a bad check and received a letter of indebtedness.
Base on the foregoing record, you were processed for an administrative discharge. In connection with this processing, you elected to waive the right to have your case heard by an administrative discharge board. After review, the discharge authority directed discharge under other than honorable conditions and you were so discharged on 8 September 1967.
In its review of your application the Board carefully weighed all potentially mitigating factors, such as your lengthy period of service, combat duty in Vietnam and your claim of severe marital problems and alcohol abuse while in the Marine Corps. The Board found that these factors and contentions were not sufficient to warrant recharacterization of your discharge given your The Board concluded that the discharge was proper as issued and no change is warranted.
Accordingly, your application has been denied. The names and votes of the members of the panel will be furnished upon request.
The Board believes that you may be eligible for veterans’ benefits based on your honorable discharge on 10 September 1962 and your subsequently completion of the four year of your initial enlistment before any further disciplinary infractions. If you have been denied benefits based on your first period of service, you should appeal that denial under procedures established by the Department of Veterans Affairs.
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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