DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
404 5. COURTHOUSE ROAD, SUITE 106
ARLINGTON, VA 22204-2490
SON
Docket No: 2931-14
321 October 2014
pear CD
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,
Although your application was not filed in a timely manner, the
Board found it in the interest of justice to waive the statute of
limitations and consider your application on its merits. A
three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on
38 October 2014. The names and votes of the members of the panel
will be furnished upon request. Your allegations of error and
injustice were reviewed in accordance with administrative
reguiations and procedures applicable to the proceedings of this
Roard. Documentary material considered by the Board consisted of
your application, together with all material submitted in support
thereof, your naval record, and applicable statuces, regulations,
and policies.
ug consideration of the entire
niio
he evidence submitted was ansufficient
& of probable material error or
Pre - ny = +
Bitter carerul anc conse-
1
injustice.
You enlisted in the Marine Corps and began a period of active
duty on 28 June 1967. The Board found that you received
nonjudicial punishment for disobedience, and were convicted by
civilian authorities for operating an automobile without the
cougent or knowledge of the owner. You were sentenced to two
years in jail. Subsequently, your commanding officer recommended
that you receive an undesirable discharge by reason of unfitness.
At that time you were in the custody of civil authorities. You
were notified of pending administrative separation and after
being afforded aii of your procedural rights, the separation
authority approved the recommendation for an undesirable
Gischarge. You were so discharged on 16 September 1970. On
21 July 1977, a Special Discharge Review Board upgraded your
characterization of service to general.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service and contention of post-traumatic stress disorder (PTSD)
as a result of your Vietnam service. Nevertheless, the Board
concluded these factors and contention were not sufficient to
warrant recharacterization of your discharge given your
misconduct that resulted in NJP and conviction by civil
authorities for a very serious offense and ensuring
incarceration. With regard :to your contention of suffering from
PTSD, there is no evidence in the record to Support it, and you
submitted no such evidence. Accordingly, your application has
been denied,
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.
Sincerel
OBERT J. O’NEILID
Executive Director
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y 4 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 Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on it .
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The Board also reviewed the correspondence and enclosures from your attorney in which he requests an upgrade of your discharge. It also considered the dismissal of your civil conviction. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your misconduct in the military community and your actions that led to a conviction by civil authorities.