DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX CRS
WASHINGTON DC 20370-5100 Docket No: 1860-08
26 May 2009
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 20 May 2009. 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 reenlisted in the Marine Corps on 1
February 1983. You received nonjudicial punishment and were
convicted by a summary court-martial for offenses that included a
period of unauthorized absence and failure to go to appointed
place of duty. On 16 November 1983 you were convicted by civil
authorities of speeding. The court sentenced you to a fine of
$20.00. On 12 January 1984 you received a second nonjudicial
punishment for an unauthorized absence and destroying a lock.
On 27 March 1984 your commanding officer recommended that you be
separated from the Marine Corps by reason of misconduct/pattern
of misconduct, with a discharge under other than honorable
conditions. After being informed of the recommendation, you
waived the right to present your case to an administrative
discharge board. The recommendation was approved by the
separation authority, and you were discharged on 10 May 1984 with
a discharge under other than honorable conditions.
The Board carefully considered your contention to the effect that
you suffered from posttraumatic stress disorder (PTSD), and that
the PTSD caused you to commit the misconduct which resulted in
your discharge. The Board found your contention insufficient to
warrant upgrading your discharge, as there is no credible
evidence that you suffered from PTSD prior to your discharge, or
that your misconduct was related to the effects of undiagnosed
PTSD. In addition, even if you did have symptoms of PTSD at the
time in question, there is no indication in the available records
that you lacked mental responsibility, or that you were unfit for
service by reason of physical disability. 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, i
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