DEPARTMENT OF
BUARL FUR LURKOY: (UN Oe MAY AL REMIORLN
701 S. COURTHOUSE ROAD, SUITE 100%
wy
THE NAL Vu
TAL
Docket No: 33
6
72 November
ney
2-14
o14
pear i:
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10, United
States Code, section 1552.
Although your application was not filed ina 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
5 November 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
regulations and procedures applicable to the proceedings ef 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
you enlisted in the Marine Corps and began a period of active
duty on 7 February 1975. You served for four months without
disciplinary incident, but on 4 muguee 197s ‘you were in an
unauthorized absence (UA) status from your unit until you were
apprehended by civil authorities on 23 October 1975, 4 period of
80 days. You made a written request for discharge for the good
of service to avoid trial by court-martial for the forgoing
period of UA. Prior to submitting this request you conferred
with a qualified military lawyer at which time you were advised
of your rights and warned of the probable adverse consequences
of accepting such a discharge. your request was granted ar
commanding officer directed your other than honorable (OTH)
discharge. As 4 result of this action, you were spared the
stigma of a court-martial conviction and the potential penalties
of a punitive discharge and confinement at hard labor. On
5 January 1976, you were discharged under OTH conditions.
The Board, in its review of your entire record and application
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your discharge and assertion of post-
traumatic stress disoriier (PTSD) . Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge given the seriousness of
your misconduct that resulted in a period of UA totaling over
two months and request for discharge. The Board believed that
considerable clemency was extended to you when your request for
discharge to avoid trial by court-martial was approved.
Further, the Board concluded that you received the benefit of
your bargain with the Marine Corps when your request for
discharge was granted and should not be permitted to change it
now. Regarding your assertion of suffering from PTSD, the Board
noted that you did not provide a diagnosis and that the severity
of your misconduct outweighed the mitigation of your possible
diagnosis. accordingly, your application hag 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 within one year from the date of the Board's
decision. New evidence is evidence not previously considered by
the Board prior to making its decision in your case. In this
regard, it 1s important to keep in mind that a presumption of
regularity attaches to all erricial 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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