DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 4200-01
14 November 2001
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 7 November 2001.
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.
Your allegations of error and
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 31
August 1970 at age 18.
seven nonjudicial punishments and were convicted by four summary
courts-martial.
totalling 114 days,
five occasions,
obey a lawful order,
willful disobedience of a lawful order.
The offenses included unauthorized absences
absence from your appointed place of duty on
breaking restriction on two occasions, failure to
incapacitated for duty, drunk on duty, and
The record reflects that you received
On 20 January 1975 the commanding officer recommended that you be
separated with an undesirable discharge by reason of unfitness.
When informed of the recommendation,
you elected to waive the
right to present your case to an administrative discharge board.
After review by the discharge authority, the recommendation for
separation was approved and you were discharged with an
undesirable discharge on 12 February 1975.
In its review of your
potentially mitigating factors,
application.the Board carefully weighed all
such as your youth and immaturity
traumatic
Stress
However, the Board concluded that these factors
In this regard, the Board noted that you
and the contention that you suffered from post
disorder (PTSD).
were not sufficient to warrant recharacterization of your
discharge, given your record of frequent involvement with
military authorities.
were the subject of 11 disciplinary actions within a period of
less than five years.
record, and you have submitted none, to show that you suffered
from PTSD at the time of your service.
did, and it became symptomatic during your period of active duty,
there is no indication that the disorder caused an inability to
know right from wrong or adhere to the right, or that it was
sufficiently mitigating to warrant recharacterization.
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
Further, there is no evidence in the
Additionally, even if you
The names and
It is regretted that the circumstances of your case are such that
You are entitled to have the
favorable action cannot be taken.
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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