BOARD FOR CORRECTION OF NAVAL RECORDS 
					 2 NAVY ANNEX
					WASHINGTON DC 20370-5100

CRS
Docket No: 1852-08
3 April 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 sect4on 1552.

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 April 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 25 October 1974. You received five nonjudicial punishments, for offenses that included unauthorized absence, absence from appointed place of duty, disobedience of a lawful order, willful disobedience of a lawful order, disrespect, and drunk and disorderly conduct.

On 6 April 1976 you submitted a written request for discharge for the good of the service in lieu of trial by court-martial for the offenses of disrespect to an officer, wrongful possession of a knife, assault on a corporal with a knife, carrying a concealed weapon, and drunk and disorderly conduct. 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 4 May 1976.

In its review of your application the Board carefully weighed all potentially mitigating factors, such as your contentions that you had posttraumatjc stress disorder (PTSD) as a result of being
sexually abused prior to enlisting. The Board concluded that your service was properly characterized as under other than honorable conditions given your extensive record of misconduct and the serious nature of the offenses which resulted in your discharge in lieu of trial. The Board was not persuaded that you suffered from PTSD while in the Marine Corps or that you did not know right from wrong and were unable to adhere to the right. In addition, the Board believes that considerable clemency was extended to you when your request for discharge was granted, and you should not be permitted to change it now.

	In view of the foregoing, 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

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