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NAVY | BCNR | CY2006 | 09580-06
Original file (09580-06.rtf) Auto-classification: Denied
                           DEPARTMENT OF THE NAVY
                                    2 NAVY ANNEX
                           BOARD FOR CORRECTION OF NAVAL RECORDS
          WASHINGTONDC2O37O-5IOO



                                    CRS
          Docket No: 9580-06
          9 July 2007


T his 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 20 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 24 March 1964. Prior to being assigned to Vietnam, you received five nonjudicial punishments (NJP) and were convicted by a summary court-martial. Shortly after you returned to the United States from Vietnam, you were absent without authority from 8 March to 24 May 1968, a period of 76 days. On 12 June 1968 you received a sixth NJP and were reduced to lance corporal (LCPL; E-3). On 20 June 1968 you were released from active duty and transferred to the Marine Corps Reserve with a characterization of service of under honorable conditions.
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 3.5 and 4.0, respectively. A minimum average conduct mark of 4.0 was required for a fully honorable characterization of service at the time of your separation.
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 posttraumatic stress disorder (PTSD) caused your misconduct. The Board concluded that those factors were not sufficient to warrant recharacterization of your discharge given your extensive disciplinary record and the fact that your conduct average was too low or not high enough to warrant a fully honorable discharge. 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. In addition, the majority of your offenses occurred before you were assigned to Vietnam. 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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