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TAL
Dockec No: 683-14
30 Ja:i.uary 2015
Dear
This is in reference to your applicatio~ :or correction of your
naval record pursuanc :.o the provisions o: :.it:e :o, United
States Code, section 1552 .
Although your applicacion was no:. :iled in a cimely manner, the
Board found it in the interes:. o: justice to waive :.he stacu:.e o :
limitations and consider your applicacio:1 on its meri:.s .
three-member panel of che Board :or Correcc~on of Nava: Records,
sitting in executive session, considered your applicacion on
22 January 2015 . The names a:1d voces o: :.he members o: :.he panel
will be :urnished upon reques:. . Your a::ega:.ions of error and
inj ustice were reviewed in accordance wi:.h administrative
regulations and procedures app:icable to :.he proceedings o: :.h:._ s
Board . Documen:.a::'.'."y ma:.eria:. c::o:is:._O.e:!.-eo by :.he Board co:1s:._ s:.ed o:i:
your app:icacion, :.oge:.her ~:._:.t a:l material submi:.:.ed in supper:.
:.hereo:, yo~r nava~ rec::ord, a:1~ ap?:icab:e s:.a:.u~es, re~~:a:.io:1s,
2.:16. ::>c=-i:::~~.
h
record, :.he 3oar6 :~u:1~ :he e¥ide:ic::e subm:._:.:.ed ~as :._:i s ~:::._c:._e~:.
:c es:.ab:1st :.ne ex:._s:.e:1c::e o: ~robab:e ~a:.er:._a: erro~ or
injuscice .
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You enlis~ed in the Marine Corps a:id began a period o: accive
duty on 29 May :973 . You served :or :.wo years witnou~
disciplinary incident, but dur~ng the period o: 13 June 1975 co
19 June 1976 you received nonjudicia~ punishrnenc (NJ? ) on five
occasions and were convicced by a special court-rnar~i al . Your
offenses were insubordinate conduct, :ai:.ure to go to your
appointed place of duty, breaking restr:._c~ion, assault, ~ailure
to obey a lawful order, and wearing a~ unauthorized insignia.
Subsequently, you made a ~rit:.e:i request :or discharge :or the
good of the service to avoid trial by co~rt-martial ~or a period
of unauthorized absence, insubordinate conduct, disobeying a
law:ul order :rom a superior o::icer a~d rnaY.ing a thre at . Prior
to submitting chis request you c::o~~erred ~it~ a qual~f ~ed
military lawyer at which time you were advised o: your rights and
warned of the probable adverse consequences o: accepting such a
discharge. Your r equest ~as grauted and the commanding 0fficcr
oirecced your other than honorable (OTH ) discharge . As a resulc
of this action, you were spared the stigma o: a cour~-martial
convict i on and the potential penalti es of a punitive discharge
and confinement at hard labor. On 26 July ~976, you were so
discharged .
~ne ~oara, in its review or your entire recora and appiication
carefully weighed all potentially mitigating factors, such as
your desir~ to upgrade your discharge and assertion chat you have
been diagnosed wit.h post-traumatic stress disorder (PTSD) .
. Nevertheless, the Board concluded these factors were not
suf ficient tc. warrant recharacterization of your discharge given
the seriousness of your misconduct 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 despite providing liberal
consideration of your PTSD claim, the Board determined it
insufficient to warrant relief. 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 ne~ and material
evidence within one year :rom 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 mi~d that a presumpcio~ o~ regu :arit)'
attaches co all o::icial records.
Conseque~tl)', when applyi~g
:or a correctio~ o : an of:ic ~ al ~a~a: record, the burden is on
the applica~t to demonstrate the exis~ence o: probab:e material
error or i~justice.
In this regard, it ~s
Sincerely,
ROBERT J . O'NEILL
Executive Director
2
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