DEPARTM E NT O F T HE NA V Y
BOARD FOR CORRE C TION OF NA V AL RE CO RDS
70 1 S. COURT H OUSE ROAD , SUITE 1001
ARLING T O N, VA 22204-2490
SJN
Docket No: 568-14
4 March 2015
Dear
This is in reference to your application for correction of your
n aval record pursuant to the provisions of title 10 of the United
States Code, section 1552 .
Although your appli cation was not filed in a timely manner, the
Board found it in the interest of jus t ice to waive the statute of
limitations and consider your ~pplication on its merits _ A
three - member panel of the Board for Correction of Naval Records,
sitting in execut ive session, considered your application on
3 February 2015 . The names and votes o: the members of the panel
will be furnished upon request . Your allegations o: error and
injustice were reviewed in accordance wich administrative
regulations and procedures appl:cable co che proceed~ngs o: chis
Board . Documentary materia l considered by che Board cons:sced o:
your application, together with all material subm it~ed in support
chereof, your naval record, and app~icablE s~atu~es, regula~ions,
and policies .
After careful and conscientious consideration of the e~cire
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 17 July 1973 . During the period f r om 19 June 1974 to
7 March 1975 , you rece ived 11 nonjudicial punishments (NJPs ) . On
12 May 1975, you were convicted by summary court - martial (SCM) of
assault. On 9 June 1975, you received anot her NJP for
di sobedienc e . Although your record is incomplete, you submitted
a written request for a good of the service discharge in order to
avoid tria l by court - martial for four days of unauthorized
absence (UA) and larceny. Prior to submitting this request for
discharge, you conferred with a qualified military lawyer, were
advised of your rights , and were warned of the probable adverse
consequences of accepting such a discharge . Your request for
discharge was granted a nd on 5 September 1975, you re c e ived an
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 t he 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,
careruLLY weighed all pocencially micigating factors, such as
your record of-~ervice, post service medical and personal issues,
desire to upgrade your discharge, and claim of post-traumatic
stress disorder (PTSD) . Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge given your 11 NJPs, and SCM conviction . Regarding your
claim of PTSD, the Board may only consider assertion of PTSD when
an applicant Rresents clear evidence that the PTSD is service
connected and~~elated to the alleged error or injustice . Despite
your claim of PTSD, the Board determined it i nsuff icient to
warrant relief since there is no evidence in the record to
support it, and you submitted none . The Board believed that
c onsiderable 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 cas e 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.
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 .
In this regard, it is
Executive
2
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DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 7018S. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 February 2015. 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.
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