DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 9234-07
6 November 2008
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 5 November 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps on 31 January 1968 at age 19.
About nine months later, on 18 September 1968, you were
hospitalized for neurological observation because of your history
of seizures, convulsive disorder, and maxillary sinusitis. As a
result, on 15 October 1968, a medical report noted your seizure
activities and you were prescribed anti-convulsion medication.
At that time you were found fit for limited duty.
On 13 February 1969 you began a period of unauthorized absence
(UA). On 25 April 1969, while in a UA status, you were
apprehended and confined by civil authorities on charges of armed
robbery, breaking and entering, and grand larceny. As a result,
on 7 March 1970, you were convicted by civil authorities,
however, sentencing was held in abeyance pending an investigation
regarding your drug abuse.
Subsequently, while in the custody of civil authorities, you were
notified of pending administrative separation by reason of
misconduct due to the civil conviction. At that time you waived
your right to consult with legal counsel and to present your case
to an administrative discharge board (ADB). On 2 July 1970 your
commanding officer recommended discharge under other than
honorable conditions by reason of misconduct due to civil
conviction. On 29 July 1970 the discharge authority approved
this recommendation, and on 14 August 1970 you were so
discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, and desire to upgrade your
discharge. It also considered your assertions of delayed combat
fatigue, post traumatic stress, anda psychological condition
that was not considered at the time of your discharge.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your misconduct in the civilian
community and lengthy period of UA from the Marine Corps.
Further, there is no evidence in the record, and you submitted
none, to support your assertions. 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,
lio DunAyhe
W. DEAN PFEIRRE
Executive Dir rv
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