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NAVY | BCNR | CY2006 | 05485-06
Original file (05485-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


                                             CRS
                                                                                          Docket No: 5485-06
                                                                                          23 October 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 11 October 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 18 March 1968. You received five nonjudicial punishments and were convicted by a summary court-martial. Your offenses included unauthorized absences totaling 18 days, failure to obey a lawful regulation, sleeping on post, dereliction of duty on two occasions, and breaking restriction.
O n 1 April 1970 your commanding officer recommended that you be separated with an undesirable by reason of unfitness due to frequent involvement of a discreditable nature with military authorities. When informed of the recommendation for separation, 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 on 24 April 1970 you were separated from the Marine Corps with an undesirable discharge.
In its review of your application the Board carefully considered your contention that posttraumatic stress disorder (PTSD) caused your misconduct but noted that there is no evidence in the record, and you have submitted none, to show that you suffered from PTSD while in the Marine Corps. In addition, even if you did have symptoms of PTSD during your period of active duty, there is no indication that you did not know right from wrong and were unable to adhere to the right or that those symptoms caused you to disobey orders and absent yourself without authority. The Board concluded that your service was properly characterized, in view of your six disciplinary actions within a four year period, and that you have not demonstrated that it would be in the interest of justice for the Board to upgrade your discharge. 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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