DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TLG
Docket No: 8645-14
20 August 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
14 August 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 Maine Corps on 19 February 1965, and serve
for about 14 months without incident. However, during the
period from 10 April 1966 to 27 January 1969, you received three
nonjudicial punishments (NJP) for absence from your appointed
place of duty, disobeying a lawful order, and disrespect to an
officer. You were also convicted by summary court-martial
(SCM) of absence from your appointed place of duty, disrespect,
and disobeying a lawful order. On 27 January 1969, you were
convicted by general court-martial (GCM) of assault and
disrespect.
You were sentence to forfeiture of pay, confinement for one
year, reduction to E-1, and a bad conduct discharge (BCD).
After the BCD was approved at all levels of review, on 24 June
1969, you were so discharged.
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 gisorder (PTSD). Nevertheless, the Board
concluded that these factors were not sufficient to warrant
relief given your misconduct. In this regard, the Board
concluded that your record of multiple infractions/offenses,
which resulted in three NJPs, two SCMs, and GCM. Regarding your
assertion of suffering from PTSD, the Board considered the
existence of your PTSD and determined that it existed at the
time of your discharge and weighed its existence as potential
mitigation in the misconduct you committed. Specifically, the
Board looked to see whether it was a causative factor in your
misconduct and weighted it against the severity of your
misconduct. After carefully considering the evidence, the Board
determined the severity of your misconduct far outweighed any
mitigation the PTSD provides. The offenses you committed were
very serious in nature warranting the discharge characterization
you received even taking into consideration the existence of
PTSD. 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.
Sincerely,
ROBERT J. O'NEILL
Executive Director
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