DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 5845-14
3 June 2015
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
28 May 2015. 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 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 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 30 August 1968. During the period from 22 February 1971
to 9 September 1971, you received three nonjudicial punishments
(NJP‘s), and were convicted by two summary courts-martial (SCM)
and a special court-martial (SPCM). Subsequently, you were
notified of pending administrative separation action by reason of
misconduct due to frequent involvement of a discreditable nature
with military authorities. After being afforded all of your
procedural rights, the separation authority directed that you be
discharge under other than honorable conditions by reason of
misconduct. You were so discharged on 9 December 1971.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service, desire to upgrade your discharge and
assertion that the problems you were having may have stemmed from
post-traumatic stress disorder (PTSD). Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge given your three NJPs and
two SCM convictions. Regarding your assertion that you may have
been suffering from PTSD when your misconduct occurred, the Board
noted that the severity of your misconduct outweighed the
mitigations of your assertion of PTSD. Finally, 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 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 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.
Sin ely
‘NEILL
Executive Director
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