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NAVY | BCNR | CY2005 | 09478-05
Original file (09478-05.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
HOARD FOR CORRECTION OF NAVAL RECORDS
                                    2 NAVY ANNEX
WASHINGTON DC 20370-5I 00



                                             CRS
                                    Docket No: 9478-05
                                                                                           2 March 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-memb er panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 February 2006. 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 26 June 1969. The record reflects that you received three nonjudicial punishments The offenses included unauthorized absences totaling 48 days. On 3 September 1970 your commanding officer reco mm ended that you be separated with a general discharge by reason of convenience of the government . Subsequently, you received two more nonjudicial punishments for an unauthorized absence of one day and willful disobedience of a lawful order. Thereafter, on 15 January 1971 you received a general discharge.
Character of service is based, in part, on one’s conduct and Proficiency averages, both of which are computed from marks assigned during periodic evaluations. Your conduct and Proficiency averages were 3.0 and 3.8, respectively. A minimum average conduct mark of 4.0 was required for a fully honorable characterization of service at the time of separation.
You submitted a letter from the Department of Veterans Affairs that stated your Vietnam service exacerbated a prior probable posttraumatjc stress disorder (PTSD).
In its review of your application the Board carefully weighed all potentially mitigating factors, such as your youth, service in Vietnam, and the contention that PTSD caused your misconduct. However, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge given the five disciplinary actions as well as the fact that your conduct average was insufficiently high to warrant a fully honorable discharge. Further, there is no evidence in the record 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
You can request a change in the social security number entered on your DD Form 214 by contacting Headquarters Marine Corps (Code MMSB), 2008 Elliot Road, Quantico, VA 22134-5030. You should include a copy of your Social Security Card so that the number can be verified.
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

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