DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 1506-16 

DEC 15 2016 

Dear 

This is in reference to your application for correction of your naval record pursuant to the 
provisions ofTitle 10, 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 oflimitations and consider your application on its merits. A threemember 
panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 29 July 2016. The names and votes ofthe members ofthe 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 ofprobable 
material error or injustice. 

You enlisted in the U.S. Marine Corps and began a period ofactive duty on 27 September 1971. 
You served without disciplinary incident until 6 January 1972, when you were counseled and 
received a Page 11 entry for failure to obey an order or regulation. On 14 Mar 1973, you were 
convicted by summary court-martial (SCM) for violation of the Uniform Code of Military 
Justice (UCMJ) Article 86, unauthorized absence. As a result ofthe foregoing, administrative 
discharge action was initiated. Thereafter, the separation authority directed an other than 
honorable discharge with an effective date of 15 February 1974. The Board, in its review ofyour 
entire record and application, carefully weighed all potentially mitigating factors, such as your 
desire to upgrade your character of service and assertion ofhaving a mental illness as a reason 
for your misconduct. Nevertheless, the Board concluded these factors were not sufficient to 
warrant relief in your case because no error or injustice was identified in the records and you 
submitted no evidence to support your allegations ofmental illness during your period of active 
service. Accordingly, your application has been denied. 

Your assertion of mental illness was 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 Requests by Veterans Claiming PostTraumatic 
Stress Disorder" ofSeptember 3, 2014. However, the Board concluded that the 
statements you provided were not enough to outweigh the seriousness of your misconduct. As a 
result, the Board was unable to substantiate your claim ofmental illness at the time ofyour 
misconduct and it was their opinion that the seriousness of your misconduct outweighed any 
mitigation that would be offered by the PTSD. 

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 ofnew and material 
evidence within one year from the date ofthe 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 ofan official naval record, the burden is on the 
applicant to demonstrate the existence of probable material error or injustice. 

Sincerely, 


Executive Director