DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 100 I 
ARLINGTON, VA 22204-2490 

Docket No: 01631-16 
JUL 18 2016 

Dear : 

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 
7 April 2016. 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. The Board specifically considered your request for medals 
for combat service in Vietnam and all disciplinary action removed 
due to post-traumatic stress disorder (PTSD) _ 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 began a period of active duty in the Marine Corps on 31 May 
1968, and served in combat in Vietnam in 1969. On 9 July 1969, 
you were subject to your first disciplinary incident when you 
received nonjudicial punishment (NJP) for failure to obey a 
lawful order not to changer a round or fire a weapon and for 
willfully discharging a firearm that resulted in injury to a 
Vietnamese national, and were awarded reduction in rank and 
forfeiture of pay. On 17 February 1970, you received NJP for 
unauthorized absence from 12-13 February 1970, and were awarded 
forfeiture of pay and 15 days restriction. On 23 April 1970, you 
were found guilty at summary court martial (SCM) proceedings for 
violating the Uniform Code of Military Justice (UCMJ), Art. 92 
(violating a lawful regulation by having 11 tablets of a 
stimulant drug in your possession) and Art. 134 (loitering at 
your post as a sentinel) . The Court awarded you confinement at 
hard labor for 30 days, forfeiture of pay, and reduction in rank 
to E-1. 

The Board considered that your assertion that you were suffering 
from PTSD, your combat history as reflected in your service 
record, and Navy Personnel Command, Retirement Records Section's 
review of your record for entitlement for awards. 

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 PTSD. The Board noted that although your military record 
reflects combat experience, your application to the Board did not 
contain 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 determinations of the 
existence of service connected PTSD. The Board considered your 
personal statement, but did not have treatment records indicating 
a PTSD diagnosis and subsequent medical care. The Board 
determined that your assertion of PTSD did not outweigh the 
seriousness of your misconduct as evidenced by your NJPs and SCM 
conviction. 

You also requested the addition of medals for combat service in 
Vietnam. Please be advised that your request does not fall under 
the purview of this Board. If you would like your entitlement to 
the medals and awards verified, please submit a written request 
to the Military Awards Branch (MMMA), Headquarters U.S. Marine 
Corps, 2008 Elliot Road, Quantico, Virginia 22350." 

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