DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 8635-07
3 July 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 2 July 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 Navy on 2 February 1970.
You received nonjudicial punishment and were convicted by a
special court-martial. Your offenses included an unauthorized
absence of 28 days, missing movement, and sleeping on watch. A
psychiatric evaluation conducted on 16 June 1971 diagnosed you as
having a passive-aggressive personality disorder.
On 13 July 1971 you submitted a written request for discharge for
the good of the service in lieu of trial by court-martial for
willful disobedience of a lawful order, treating a senior chief
with contempt, failure to obey a lawful order, use of provoking
words, assaulting a senior chief and two petty officers, and
communicating a threat. Prior to submitting this request you
conferred with a qualified military lawyer who advised you of
your rights and warned of the probable adverse consequences of
receiving an undesirable discharge. Your request was approved by
the discharge authority, and you received an undesirable
discharge on 2 August 1971.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as the contentions that you
had symptoms of posttraumatic stress disorder (PTSD), which in
turn caused your misconduct. The Board found those contentions
insufficient to warrant corrective action in your case.
The Board concluded that your service was properly characterized
as an undesirable discharge, given the serious nature of your
offenses. In addition, the Board believes that considerable
clemency was extended to you when your request for discharge was
approved since, by that action, you avoided the possibility of a
Federal conviction, confinement at hard labor and a punitive
discharge. Further, the Board concluded that you received the
benefit of your bargain when your request for discharge was
granted, and you should not be permitted to change it now.
The Board was not persuaded that you suffered from PTSD while in
the Navy, or that you lacked mental responsibility for your
actions.
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, IN
\ aes
W. DEAN PF
Executive Di
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