DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 CRS
Docket No: 1973-07
6 May 2008
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 16 April 2008. 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 husband’s 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 your husband enlisted in the Marine Corps on
15 February 1963. He received twelve nonjudicial punishments and
was convicted by a summary court-martial and two special courts-
martial. The offenses included unauthorized absences totaling 58
days, disrespect, failure to obey a lawful order, having live
ammunition in his locker, failure to pay just debts, stealing a
pair of boots, disobedience of a lawful order, having an unclear
rifle, absent from appointed place of duty, and sleeping on post.
On 7 November 1966 his commanding officer recommended that he be
Separated with an undesirable discharge by reason of unfitness
due to frequent involvement of a discreditable nature with
military authorities. When informed of the recommendation, he
elected to waive the right to present his case to an
administrative discharge board. After review by the discharge
authority, the recommendation for separation was approved and on
4 April 1967 he received an undesirable discharge.
the Special Discharge Review Program. However, on 26 May 1978
NDRB declined to conform the general discharge under its uniform
discharge review standards, thereby denying him eligibility for
veterans benefits.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your husband’s service in
a war zone, and the contention that posttraumatic stress disorder
(PTSD) caused his misconduct. The Board concluded that those
factors were insufficient to warrant recharacterization of his
discharge, given the number and severity of his offenses.
Further, there is no evidence in the record, and you have
submitted none, to show that he suffered from PTSD while in the
Marine Corps. In addition, even if he did have symptoms of PTSD
during his period of active duty, there is no indication in his
record that he did not know right from wrong and was unable to
adhere to the right, or that symptoms of a mental disorder caused
him to commit violations of the Uniform Code of Military Justice.
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,
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