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DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
70 1 S . COURTHOUSE ROAD , SUITE 1001 
ARLINGTON, VA 22204·2490 

Docket No : 05900-15 
'JUL 1 8 2016 

This is in reference to your appljcation for correclion 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, silting in executive session, considered your application on 22 Pebruary 2016 . The names and votes of the members of lhe panel will be furnished upon request . Your allegations of error and injustice were reviewed in accordance with adminislralive regulations and procedures applicable to the proceedings of this Board . The Board specifically considered your requesl for an upgrade to the characterization of service you received upon discharge . Documentary material considered by the Board consisted of your application, together with all material submiLled in support thereof, your naval record , and applicable slatutes, regulalions , 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 began a period of active duty in the Marine Corps on 5 April 
1966 . You served without disciplinary incident until 15 December 1966 , when you received nonjudicial punishment (NJP) for failure 
to prepare for inspection . You subsequently received nine more NJPs for various infractions including conduct prejudicial to 
good order and discipline, failure to obey a· lawful order, wrongful appropriation, unauthorized absence , and breaking 
restriction . On 24 January 1969, you were found guilty at special court martial (SPCM) proceedings for violating the 
Uniform Code of Military Justice (UCMJ) , Art . 89 (Disrespect to a commissioned officer) , Art . 91 (Insubordinate conduct) , and Art . 134 (Incapacitated for duty due to alcohol) . The Court awarded you reduction in rank, confinement and forfeiture of pay . On 30 
December 1969 , you were found guilty at summary court martial (SCM) for violating UCMJ Art . 86 (unauthorized absence) The 
Court awarded you forfeiture of pay and restriction . 
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The Board considered that your letters of reference , your positive life changes, and the Naval Discharge Review Board' s 1978 upgrade to characterization of service under the 4 August 1977 Department of Defense Special Discharge Review Program . When making its determination, the Board noted that you state you have been punished for 30 years for the wrongdoings of your youth and would like an upgrade to your service characterization for Veteran' s Affairs benefits . 
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 suffering from posl-Lraumatic stress disorder (PTSD) . The Board noted that your military record reflects combat experience, and that your application to the Board contains a medical professional ' s diagnosis or treatment of PTSD. Your assertion of suffering from PTSD was fully and carefully considered by the Board in light of 
the Secretary of Defense ' s Memorandum, " Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Request by Veterans Claiming Post Traumatic Stress Disorder" of 3 September 2014 . In accordance with the guidance, the Board gives liberal and special consideration to treatment documentation of PTSD symptoms and medical determi nations of the e xistence of service connected PTSD . The Board determined that given the seriousness of your misconduct as evidenced by your 10 NJPs , SPCM proceedings, and SCM proceedings , that a change in your service characterization is not warranted . Furlhermore , the Board considered that your misconduct pre-dated your participation in combat operations, and found that your service characterization does not merit a change . 

It is regrettable 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, 

Executive Director 
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