DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-S100

CRS
Docket No: 10121-06
    21 March 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 19 March 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 14 September 1965. You received three nonjudicial punishments and were convicted by special court-martial. The offenses included unauthorized absences, failure to obey a lawful order, being drunk and sleeping on post, and violation of a lawful order.

A second special court-martial convened on 18 April 1969 and found you guilty of an unauthorized absence of 42 days. The court sentenced you to confinement at hard labor for six months, forfeiture of $95 per month for five months, and a bad conduct discharge. You were discharged on 19 August 1969 with a bad conduct discharge.

In its review of your application the Board carefully weighed all potentially mitigating factors, such as your service in Vietnam, receipt of the Purple Heart, and the contention that a depressive disorder may have caused your misconduct. The Board concluded that those factors were insufficient to warrant recharacterization of your discharge, given your two convictions by court-martial. Further, there is no credible evidence to show that you suffered from a depressive disorder while in the Marine Corps. In addition, even if you did have symptoms of a depressive disorder during your period of active duty, there is no indication that you did not know right from wrong and were unable to 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