DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 3397-09
27 January 2010
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 21 January 2010. 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 20 April
1972. You received seven nonjudicial punishments and were
convicted by a special court-martial for offenses that included
unauthorized absences, absence from appointed place of duty,
failure to go to appointed place of duty, breaking restriction,
and being out of uniform.
On 2 April 1975 your Commanding officer recommended that you be
separated from the Marine Corps with an undesirable discharge by
reason of unfitness due to frequent involvement of a
discreditable nature with military authorities. The
recommendation was approved by the separation authority, and you
were separated with an undesirable discharge on 18 April 1975.
In its review of your application, the Board carefully considered
your unsubstantiated contention to the effect that posttraumatic
stress disorder caused your misconduct, but considered it
insufficient to warrant the approval of your request for
corrective action. Accordingly, your appiication 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,
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