DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
CRS
Docket No: 7741-07
3 November 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 29 October 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 25
January 1968. You received nonjudicial punishments on four
occasions for offenses that included failure to obey a lawful
order, leaving your post before being relieved, failure to go to
appointed place of duty, and breaking restriction.
A special court-martial convened on 27 October 1969 found you
‘guilty of unauthorized absence and sentenced you to confinement
at hard labor for three months, forfeiture of $80 per month for
three months, reduction in rank, and a bad conduct discharge.
You were discharged with a bad conduct discharge on 11 May 1970.
On 29 April 1976 you were issued a clemency discharge. That
action restored your civil rights but did not establish your
entitlement to veteran’s rights or benefits.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and overall
service and the contention that posttraumatic stress disorder
(PTSD) caused your misconduct. The Board concluded that those
factors were insufficient to warrant recharacterization of your
discharge, given your extensive disciplinary record, and the
absence of credible evidence that you suffered from PTSD while in
the Marine Corps. 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,
lsWeak
W. DEAN PFE
Executive D
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