DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 9159-10
7 April 2012
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 30 March 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 11
February 2002. You received nonjudicial punishment and were
convicted by two summary courts=martial during your enlistment
that included unauthorized absence, wrongful possession and use
of marijuana, and failure to obey a lawful order.
A special court-martial convened on 9 December 2003 and found you
guilty of wrongful use of drugs and sentenced you to forfeiture
of pay, confinement for 60 days, and a bad conduct discharge.
The bad conduct discharge was executed on 28 June 2005.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and overall
service and the contention that posttraumatic stress disorder
(PTSD) caused your misconduct. The Board concluded that those
factors were insufficient to warrant recharacterization of your
discharge, given your extensive disciplinary record, and the
absence of credible evidence that you suffered from PTSD while in
the Marine Corps. Accordingly, your application has been denied.
The names and votes of the members of the panel will be furnished
upon request.
It ig 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
* Bresumption of régularity attaches to all official records.
Comsequently, 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,
La. Year
W. DEAN P
Executive
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