DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON. VA 22204-2490
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other than honorable discharge for the good of the service in
lieu of trial by court-martial. As a 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.
The Board, in its review of your entire record and application,
carefully weighed ali potentially mitigating factors, such as
your record of service, post service medical and personal issues,
desire to upgrade your discharge, and claim of post-traumatic
stress Gisorder (PTSD). Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge given your 11 NUPs, and SCM conviction. Regarding your
claim of PTSD, the Board may only consider assertion of PTSD when
an applicant presents clear evidence that the PTSD is service
connected and related to the alleged error or injustice. Despite
your claim of PTSD, the Board determined it insufficient to
warrant relief since there is no evidence in the record to
support it, and you submitted none. The Board believed that
considerable clemency was extended to you when your request for
discharge was approved. The Board also 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. 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 within one year from the cate 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 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.
Sine
ROBERT ;
Executive Director
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