DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 4824-19 Ref: Signature Date This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552. After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. 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 case on its merits. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 September 2019. 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. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions of your naval record and applicable statutes, regulations and policies. A review of your record shows that you entered active duty with the Marine Corps in January 1968. Prior to your deployment to , you were punished by a summary court-martial and with non-judicial punishment for periods of unauthorized absence. Upon your return from , you commenced multiple periods of unauthorized absence that resulted in you submitting a request to be discharged for the good of the service in lieu of trial by court-martial. You were discharged with an other than honorable discharge pursuant to your request on 4 November 1970. On 10 June 1977, you received an upgrade to your characterization of service to General under honorable conditions from the Naval Discharge Review Board (NDRB). Your request for another upgrade to your characterization of service was denied by the NDRB on 3 April 1978. The Board carefully considered your arguments that your narrative reason for separation should be changed to disability to allow you to receive medical assistance. You assert that you committed your misconduct because you were experiencing “issues” due to events you witnessed in . Unfortunately, the Board disagreed with your rationale for relief. First, despite your claim that you suffer from PTSD, the Board determined liberal consideration does not apply in your case due to a mental health diagnosis from a medical provider. Second, the Board concluded that you should not qualify for disability benefits based on the seriousness of your offenses, limited service, and clemency already received. The Board noted that you served approximately 34 months of active duty which includes approximately 8 months of unauthorized absences. Also during that time, you were convicted by one court-martial and pending another court-martial before the Marine Corps granted your request to be administratively separated in lieu of trial by court-martial. After your discharge from the Marine Corps, you were granted an upgrade of your characterization of service by the NDRB. In the Board’s opinion, you already received sufficient relief through the decision of the Marine Corps to spare you another court-martial conviction and likely punitive discharge. Furthermore, the Board felt the NDRB’s decision to upgrade your characterization of service, when considered with the Marine Corps’ clemency actions, more than offsets any injustice that may exist in your case as result of any mental health issues that may have affected you upon your return from . Accordingly, the Board concluded insufficient evidence of error or injustice exists to warrant a change to your record. 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 of new matters, which will require you to complete and submit a new DD Form 149. New matters are those not previously presented to or considered by the Board. 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, 10/5/2019