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NAVY | BCNR | CY2007 | 07870-07
Original file (07870-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 S M W
 Docket No: 7870-07
23 May 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-me mb er panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 May 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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.
On 11 July 1967, you enlisted in the Marine Corps at age 19. On 17 December 1967, you reported for duty as a rifleman in Vietnam and served as a radio operator. On 8 March 1968, you were awarded the Purple Heart Medal. On 31 December 1968, you departed Vietnam and reported for duty to a stateside command. You were also awarded the Navy Achievement Medal with a combat IV!. On 22 April and 1 May 1969, you had nonjudicial punishment for absence from your appointed place of duty and breaking restriction.
During the period 10 August 1969 to 29 December 1970, you were in an unauthorized absence (tJA) status on two occasions totaling about 473 days. On 2 March 1971, you were convicted by a general court-martial of the two UAs totaling 473 days. The sentence included reduction in rank, forfeitures of pay, confinement at hard labor, and a bad conduct discharge (BCD). A portion of your sentence was subsequently deferred and you were released from confinement on 9 April 1971. On 12 April 1971, you received a psychiatric evaluation during which you stated that you
went UA because you did not like the Marine Corps or taking orders. You also indicated that you were satisfied with the BCD. The evaluation stated that there was no indication of a psychiatric illness regarding the UA’s. After the BCD was approved at all levels of review, on 24 June 1971, you were so discharged.
The Board, in its review of your entire record and application, carefully weighed all potential mitigation, such as your youth, service in Vietnam and awards. The Board, also considered the letters of recommendation attesting to your exemplary combat service in Vietnam and your contention that you were suffering from post traumatic stress disorder (PTSD) . Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge due to the seriousness of your lengthy UA’s that totaled more than 15 months. Regarding your contention, there is no evidence in the record to show that you were diagnosed as having PTSD and you provided no such evidence. Therefore, the Board concluded that the discharge was proper as issued and no change is warranted. 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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