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

Docket No: 2683-17 
JUL 19 2017 

Dear

This is in reference to your application for correction ofyour naval record pursuant to the provisions oftitle 10 ofthe 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 three­mernber panel ofthe Board for Correction ofNaval Records, sitting in executive session, considered your application on 17 April 2017. The names and votes ofthe members ofthe panel will be furnished upon request. Your allegations oferror and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings ofthis Board. Documentary material considered by the Board consisted ofyour application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. 

You began a period of active duty in the Marine Corps on 26 August 1966. You served approximately six months without disciplinary incident. On 22 March 1967, you received nonjudicial punishment (NJP) for seven days ofunauthorized absence (UA), and were awarded reduction in rank (suspended), extra duty, restriction and forfeiture ofpay. In February 1968, you were awarded the Purple Heart for injuries received from a gunshot wound during engagement with the enemy. On 27 June 1968, you began a second period ofUA; you were apprehended on 17 September 1968. On 23 October 1968, at special court martial proceedings, you were found guilty ofthe period ofUA from 27 June through 17 September 1968. The Court sentenced you to reduction in rank to the grade ofE-1, confinement at hard labor for 4 months, and forfeiture of$35 pay per month for 4 months. You were discharged from the Marine Corps on the basis ofConvenience ofthe Government on 4 June 1969. You received an honorable characterization ofservice and a reenlistment (RE) code ofRE-4. 

After careful and conscientious consideration ofthe entire record, the Board found the evidence submitted was insufficient to establish the existence ofprobable material error or injustice. The Board considered your request for an upgrade to your rank from E-1 to E-3. When making its determination, the Board noted that you believe your discharge to be unjust, erroneous, or 
warrants an upgrade. 

The Board weighed your honorable service to the Marine Corps, your contributions in Vietnam, and your receipt ofthe Purple Heart Medal. The Board also noted that your letter describes the traumatic, physical, emotional and psychological feelings you endured during your military service. The Board noted that you raise the issue ofPTSD in your application for correction and that the letter provides context for the trauma you experienced. Your request for an upgrade to your rank was considered by the Board in light ofthe Secretary ofDefense's (SECDEF) Memorandum, "Supplemental Guidance to Military Boards for Correction ofMilitary/Naval Records Considering Discharge Upgrade Request by Veterans Claiming Post Traumatic Stress Disorder" of3 September 2014. In accordance with the guidance, the Board gives liberal and special consideration to treatment documentation ofPTSD symptoms and medical determinations ofthe existence ofservice connected PTSD. The guidance, however, applies to an upgrade to service characterizations, and does not specifically relate to a reinstatement of rank. 
Although SECDEF's guidance is not specifically applicable to your situation, the Board did consider your request in light ofthe mental trauma you suffered, your combat experience, and the wounds you sustained. Nonetheless, the Board found that these factors were not sufficient to merit a change to your rank from E-1 to E-3. The Board noted that your reduction in rank was the result ofspecial court martial proceedings and that the Court had the discretion over your sentence. The Board found that the evidence you provided was insufficient to overcome the judicial determination to reduce your grade from lance corporal to private. Furthermore, the Board considered that your period ofUA lasted for 87 days and that it was terminated by apprehension. Based on the length ofthe UA and the apprehension, the Board concluded that clemency with respect to reinstatement ofyour rank was not appropriate. Accordingly, your application has been denied. 

It is regretted that the circumstances ofyour case are such that favorable action cannot be taken at this time. You are entitled to have the Board reconsider its decision upon the submission of new and material evidence. New evidence is evidence not previously considered by the Board. In this regard, it is important to keep in mind that a presumption ofregularity 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 ofprobable material error or injustice. 

Sincerely, 

Executive Director