DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 1604-08
4 August 2008
< 3 Bes
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 30 July 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 3 May
1967. On 30 September 1969 you were charged with breaking into a
military exchange and stealing over $800 worth of goods. You
were declared a deserter on 30 October 1969. On 31 October 1969
you hijacked a TWA plane going to Los Angeles and had it flown to
Rome, Italy. You served three and one-half years in Italian
confinement before being released. On 7 september 1979 you
received a discharge under other than honorable conditions in
The Board carefully weighed all potentially mitigating factors
present in your case, such as your youth at the time in question
and service in Vietnam. The Board found those factors
insufficient to warrant an upgrade of your discharge, given your
lengthy period of unauthorized absence, other acts of misconduct,
and limited period of creditable service.
‘The Board did not accept your unsubstantiated contentions to the
effect you suffered from diminished mental Capacity and PTSD
while in the Marine Corps and that you lacked mental
responsibility for your actions. The Board concluded that you
have not demonstrated that it would be in the interest of justice
for it to upgrade your discharge to honorable or general.
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 PFE ole
Executive Dixec
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