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NAVY | BCNR | CY2007 | 09917-07
Original file (09917-07.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

CRS
Docket No: 9917-07

29 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 16 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 Marine Corps on 7
September 1967. You received four nonjudicial punishments and
were convicted by a summary court-martial. The offenses included
violation of a lawful general order, failure to obey a lawful
order, sleeping on post, damaging a military vehicle, and failure
to go to appointed place of duty. On 21 April you received a
fifth nonjudicial punishment for an unauthorized absence of ten
days. The imposed punishment was forfeiture of $75 and reduction
in rank from lance corporal to private first class. On 30
September 1970 you were released from active duty and transferred
to the Marine Corps Reserve with a characterization of service of
under honorable conditions. On 25 May 1973 you received a
general discharge by reason of expiration of term of service.

The Board did not accept your unsubstantiated contention to the
effect that your misconduct was caused by or related to the
effects of undiagnosed posttraumatic stress disorder (PTSD). It
concluded that your service was properly characterized as under
honorable conditions in view of your extensive disciplinary
record, and that you have not demonstrated that it would be in
the interest of justice for the Board to upgrade your discharge
to fully honorable.

With regard to the nonjudicial punishment you received on 21
April 1970, the Board concluded that the evidence supports the

commanding officer’s determination that you committed the
offense.

In view of the foregoing, 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,

    
  

: AN
Executive Di

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