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NAVY | BCNR | CY2007 | 03831-07
Original file (03831-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O370-5100
CRS
                                                                                 Docket No: 3831-07
                                                                                 4 January 2008






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 1052.
         
         A three-member panel of the Board for Correction of Naval Records, sitting in executive session, application on 28 November 2007. You 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 20 October 1972. A special court-martial convened on 1 Nove mbe r 1974 and found you guilty of unauthorized absences totaling 228 days. The court sentenced you to confinement at hard labor for three months, forfeiture of $100 per month for three months, and a bad conduct discharge. You were discharged with a bad conduct discharge on 7 April 1975.
In its review of your application the Board carefully considered your contentions to the effect that you went tJA because you had been molested, a gun was placed next to your head, that you were threatened with death on two occasions while in custody, and that you now suffer from posttraumatjc stress disorder(pTSD)as a result of those events. The Board concluded that those factors were insufficient to warrant recharacterization of your discharge, given the severity of your offenses and the absence of evidence which corroborates your contentions concerning alleged threats and molestation. 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 PFIEFFER
                                                       Executive Director

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