DEPARTMENT OF THE NAVY 

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


Docket No: 3791-17 

AUG 2 5 7018 


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. 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. Consequently, your application 
has been denied. 

Regarding your request for a personal appearance, the Board determined that a personal 
appearance with or without counsel will not materially add to their understanding ofthe issue(s) 
involved. Therefore, the Board determined that a personal appearance was not necessary and 
considered your case based on the evidence ofrecord. 

Although your application was not filed in a timely manner, the BCNR found it in the interest of 
justice to waive the statute oflimitations and consider your application on its merits. A three
member panel ofthe BCNR, sitting in executive session, considered your application on 
2 April 2018. 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 BCNR. Documentary material 
·considered by the BCNR consisted ofyour application, together with all material submitted in 
support thereof, relevant portions of your naval record and applicable statutes, regulations and 
policies. In addition, the BCNR considered the advisory opinion (AO) furnished by a qualified 
Mental Health professional dated 28 November 2017, which was previously provided to you and 
is enclosed. 

You enlisted in the Marine Corps and began a period ofactive duty on 15 October 1968. Your 
record shows that you served in Vietnam from 3 May 1969 to 9 April 1970. On 5 January 1973, 
you were convicted by a special court-martial (SPCM) offive specifications of unauthorized 
absence (UA), totaling 745 days. You were sentenced to confinement at hard labor, forfeiture of 
pay, a reduction in paygrade, and a bad conduct discharge (BCD). Although there is no 
deposition shown in your record, it appears you had additional periods of UA after you were 
released from confinement. Although your record shows that you surrendered from a period of 
UA on 14 October 1993, you were placed on appellate leave on 4 August 1994 and received your 
BCD on 24 October 1997. 

You request an upgrade ofyour characterization ofservice on the basis that you suffered from 
unrecognized Post-Traumatic Stress Disorder (PTSD) at the time of your military service. Your 
request was fully and carefully considered by the Board in light ofthe Secretary of Defense's 
Memorandum, "Supplemental Guidance to Military Boards for Correction ofMilitary/Naval 
Records Considering Discharge Upgrade Requested by Veterans Claiming Post Traumatic Stress 
Disorder" of 3 September 2014 and the "Clarifying Guidance to Military Discharge Review 
Board and Boards for Correction ofMilitary/Naval Records Considering Requests by Veterans 
for Modification oftheir Discharge Due to Mental Health Conditions, Sexual Assault, or Sexual 
Harassment" memorandum of25 August 2017. 

A qualified Mental Health professional also reviewed your request for correction to your record 
and provided the Board with an AO regarding your assertion that you that suffered from 
unrecognized PTSD during your time of service which may have caused your misconduct. You 
state you served in Vietnam, became a father to a child with a medical condition, and were sent 
home on emergency leave. Additionally, you state that when you went to Vietnam, you were 
placed on a detail handling body bags until you could be placed into a unit, and subsequently 
began to use various types ofdrugs to cope with what you were experiencing. The AO noted 
that no details were provided regarding purported traumatic events. Furthermore, there were no 
in-service medial documentation to review and no post-service documentation regarding a 
mental health diagnosis or treatment was provided. 

The Board concurred with the AO's statement that there is insufficient evidence to support your 
contention that you suffered from PTSD at the time ofservice which contributed to your 
misconduct. The BCNR determined that the nature of your misconduct supported your BCD. 
Even under the liberal consideration standard, the Board found the seriousness of your 
misconduct merited a BCD. 

It is regretted that the circumstances of your 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