DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 N A V Y A N N E X
WASHINGTON D C 20370-5100
CRS
Docket No: 5758-02
1 August 2003
This is in reference to your application for correction of
naval record pursuant to the provisions of title 10 of the
States Code section 1552.
your
United
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 3 0 July 2003. 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 19 April
1966. The record reflects that you received two nonjudicial
punishments for failure to obey a lawful order on three
occasions. A psychiatric evaluation, canducted on 18 June 1968,
diagnosed, you with a situational lifelong maladjustment reaction
with delayed combat stress symptoms. The psychiatrist found that
you were fit for duty and able distinguish right from wrong.
Subsequently, you received four more nonjudicial punishments and
were convicted by two special courts-martial. The offenses
included unauthorized absences totalling 58 days, willful
disobedience of a lawful order on two occasions, and squirting
grease in the air.
On 28 October 1969 you submitted a written request for an
undefiirable discharge in order to avoid trial by court-martial
for unauthorized absences totalling 33 days. Prior to submitting
this request you conferred with a qualified military lawyer at
which time you were advised of your rights and warned of the
probable adverse consequences of accepting such a discharge.
Your request was granted and, as a result of this action, you
were spared the stigma of a court-martial conviction and the
potential penalties of a punitive discharge and confinement at
hard labor. You received the undesirable discharge on 26
November 1969.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and
immaturity, combat record in Vietnam, and the contention that you
suffered from post traumatic stress disorder (PTSD). However,
the Board found that these factors were not sufficient to warrant
recharacterization of your discharge given your request for
discharge to avoid trial for unauthorized absences totalling more
than a month, and your prior record of extensive disciplinary
infractions. The Board believed that considerable clemency was
extended to you when your request for discharge to avoid trial by
court-martial was approved since, by this action, you escaped the
possibility of confinement at hard labor and a punitive
discharge. Further, the Board concluded that you received the
benefit of your bargain when your request for discharge was
granted and should not be permitted to change it now. In this
regard, there is no evidence in the record, and you have
submitted none, to show that you suffered from PTSD at the time
of your service. Additionally, even if you 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. 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,
Copy to: The American Legion
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