DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 4733-08
20 July 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 1 July 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 Drobasne material
error or injustice.
The Board found that you enlisted in the Marine Corps on 4 March
1986. You received four nonjudicial punishments for offenses
that included failing to obey a lawful order by having a woman in
your room and having possession of alcohol, absence from
appointed place of duty, dereliction of duty, making a false
officiai statement, and theft.
On 6 April 1993 your commanding officer recommended that you be
separated with a discharge under other than honorable conditions
by reason of misconduct due to a pattern of misconduct and minor
disciplinary infractions. 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 19 April 1993 with a
discharge under other than honorable conditions by reason of
misconduct due to minor disciplinary infractions.
In its review of your application, the Board carefully considered
your contentions that you were suffering from posttraumatic
stress disorder (PTSD), that the acts of misconduct which
resulted in your discharge were symptoms of the undiagnosed PTSD,
that you did not commit the theft offense, and that your
discharge has caused hardship for you. The Board coulé@ not find
any evidence in the available records or your application which
corroborates your contentions concerning PTSD and the theft. It
concluded that your service was appropriately characterized as
under other than honorable conditions in view of the number and
severity of your offenses. 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
Genied. 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 PFETF
Executive Dir Oo
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