DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 CRS
Docket No: 3665-08
25 March 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 29 January 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 V
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 17
November 1965. Between 21 June 1966 and 18 June 1969 you
received nonjudicial punishment and were convicted by two special
courts-martial for offenses that included unauthorized absences
totaling 194 days. Thereafter, you were absent without authority
from 16 July to 10 December 1969, and from 22 December 1969 until
you returned on 15 June 1970.
On 10 September 1970 your commanding officer recommended that you
be separated with an undesirable discharge by reason of
unfitness. After being informed of the recommendation, you
elected to waive the right to present your case to an
administrative discharge board. After review by the discharge
authority, the recommendation for separation was approved and you
were discharged on 6 November 1970 with an undesirable discharge.
In its review of your application, the Board carefully considered
your contentions concerning current discharge standards, your
record of service apart from your offenses, use of alcohol,
psychiatric problems, adjustment difficulties and the possibility
that you were suffering from posttraumatic stress disorder. The
Board concluded that the positive aspects of your service were
outweighed by your repeated acts of misconduct. It was not
persuaded your misconduct was related to posttraumatic stress
disorder, alcohol abuse or any other mental disorder.
Accordingly, and as you have not demonstrated that it would be in
the interest of justice for the Board to upgrade your discharge,
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,
\o Daas
W. DEAN PFE
Executive Dil x
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