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NAVY | BCNR | CY2006 | 01522-06
Original file (01522-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                    2 NAVY ANNEX
WASHINGTON DC 20370-51100
                                                                       
                                                                        CRS
Docket No: 1522-06
 28 June 2007








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 27 June 2007. 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 10 July 1969 after three years of prior active service. On 14 April 1970 you submitted a written request for an undesirable discharge in order to avoid trial by court-martial for an unauthorized absence of 185 days. 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 accepting such a discharge. You received the undesirable discharge on 29 April
1970.
In its review of your application the Board carefully weighed all potentially mitigating factors, such as your prior good service and the contention that posttraumatic stress disorder (PTSD) caused your misconduct. The Board concluded that those factors were insufficient to warrant recharacterjzatjon of your discharge due to the fact that your unauthorized absence was more than six months. Further, there is no evidence in the record, and you have submitted none, to show that you suffered from PTSD while in the Marine Corps. Additionally, even if you did have symptoms of PTSD during your period of active duty, there is no indication in
 the available records that you did not know right from wrong and were unable to adhere to the right, or that the claimed symptoms caused you to absent yourself without authority. 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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