DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 CRS
Docket No: 5052-11
13 June 2011
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 8 June 2011. 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 28
December 1966. You received nonjudicial punishment on three
occasions and were convicted by three summary courts-martial.
The offenses included six periods of unauthorized absence,
disobedience of a lawful order, and absence from appointed place
of duty.
On 27 May 1971 you submitted a written request for discharge for
the good of the service in lieu of trial by court-martial for two
periods of unauthorized absence totaling 138 days. Prior to
submitting this request you conferred with a qualified military
lawyer who advised you of your rights and warned of the probable
adverse consequences of receiving an undesirable discharge. Your
request was approved, and you received an undesirable discharge
on 6 July 1971.
On 14 April 1977 you were issued a clemency discharge, which
restored your civil rights but did not entitle you to veteran’s
benefits.
The Board carefully evaluated all potentially mitigating factors
in your case, such as your youth, overall service record, and the
contention that you had symptoms of posttraumatic stress disorder
(PTSD) that caused your misconduct. The Board concluded that
those factors were insufficient to warrant recharacterization of
your service, given your numerous disciplinary infractions.
Further, there is, no credible evidence to show that you suffered
rom PTSD while in the,Marine Corps. Accordingly, your
application has been denied. The names and votes of the members
of the panel will bé 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 in Wstice ;
Sincerely,
Executive Dine a3
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