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NAVY | BCNR | CY2007 | 05965-07
Original file (05965-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5 00
CRS
 Docket No: 5965-07
14 February 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 1552.
A three~-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 February 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 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 29 November 1973. You were referred for psychological evaluation because of persistent complaints of back and neck pain, On 2 April 1974, you were given a diagnosis of passive aggressive personality disorder. On 2 May 1974 you received nonjudicial punishment for an unauthorized absence of 24 days.
A special court-martial convened on 27 February 1975 and found you guilty of an unauthorized absence of 166 days, disrespect, disobedience of a lawful order, assault, and communicating a threat. The court sentenced you to confinement at hard labor for three months, and a bad conduct discharge which was suspended. On 24 March 1975 you received nonjudicial punishment for disobedience of a lawful order. The suspension of the bad conduct discharge was vacated because of that offense and you were discharged on 5 March 1976.
In its review of your application the Board carefully weighed all potentially mitigating factors, such as the contention that posttrauxnatic stress disorder (PTSD) and medical and mental disabilities caused your misconduct. The Board concluded that those factors were insufficient to warrant recharacterization of your discharge, given the nature and severity of your offenses. Further, there is no credible evidence 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 that you did not know right from wrong and were unable to adhere to the right. 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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