DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 7358-09
14 September 2010
This is in reference to your request for further consideration of
your application for correction of your naval record pursuant to
the provisions of Title 10 of the United States Code section
L562 .
R three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 28 July 2010. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of thas
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 15
February 1973. You received nonjudicial punishment and were
convicted by a special court-martial for offenses that included
two periods of unauthorized absence, willful disobedience of a
lawful order, violation of a lawful general regulation, use of
provoking words, and leaving place of duty without authority.
On 25 February 1977 a general court-martial convened and found
you guilty of attempting to sell marijuana, conspiracy to possess
and sell marijuana, possession of marijuana, transfer of
marijuana, and endeavoring to create false information. The
court sentenced you to forfeiture of all pay and allowances,
reduction in rate, and a bad conduct discharge. You received the
bad conduct discharge on 1 December 1977.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, overall
service record, passage of time, and the contention that
posttraumatic stress disorder caused your misconduct. The Board
concluded that those factors were insufficient to warrant
recharacterization of your discharge, given the nature and
severity of your offenses. Further, there is no credible
evidence to show that you suffered from a mental disorder while
in the Marine Corps. In addition, even if you had symptoms of a
mental condition during your period of active duty, there is no
indication in the record that you did not know right from wrong
or were unable to adhere to the right. 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,
W. DJ
Executive
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