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NAVY | BCNR | CY2005 | 06925-05
Original file (06925-05.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100



 JRE
Docket No. 06925-05
13 November 2006












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 2 November 2006. Your allegations of error and injustice were reviewed n 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 1 April 1969. You were convicted by two special courts-martial, and received nonjudicial punishment on three occasions. You were separated from the Marine Corps on 29 February 1972, with a bad conduct discharge. On 18 February 2004, the Board denied your request for correction of your record to show that you received an honorable discharge.
The Board carefully considered the evidence you submitted which indicates that the offenses which resulted in your discharge may be related to posttraumatic stress disorder, but found that evidence insufficient to warrant any corrective action in your case. In this
regard, the Board could not find any indication in the available records that you suffered from posttraumatic stress disorder or other
significant mental disorder while you were serving in the Marine Corps. In addition, the Board noted that even if you had been unfit for duty by reason of physical disability at the time in question, you would not have been entitled to disability separation or retirement, because a punitive discharge would have taken precedence over and precluded disability evaluation. 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 anofficial naval record, theburdenis on the applicant to demonstrate the existence of probable material error or injustice.

Sincerely,



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