DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

CRS
Docket No: 5789-07
     16 May 2008

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.

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 May 2008. 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.

The Board found that you enlisted in the Navy on 23 November 1965. You received three nonjudicial punishments on three occasions, for offenses that included an unauthorized absence, dereliction of duty, absence from appointed place of duty, and wrongful use of marijuana and other drugs.

On 24 March 1969 your commanding officer recommended that you be separated from the Navy with a general discharge by reason of misconduct due to drug abuse. When informed of the recommendation, you waived the right to make a statement in your own behalf. After review by the discharge authority, the recommendation for separation was approved and you were separated with a general discharge on 18 April 1969.

The Board carefully considered your contentions to the effect that you deserve an honorable discharge, and that you developed posttraumtic stress disorder as a result of your service off the coast of Vietnam, which has adversely affected many aspects of your life. The Board concluded that you were fortunate to have received a general discharge, given your extensive disciplinary record and use of illegal drugs. It could not find any indication in the available records that you were suffering from posttraumatjc stress disorder at the time of your discharge. Accordingly, and as you have not demonstrated that it would be in the interest of justice for the Board to upgrade your discharge to honorable, your application has been denied. The names and votes of the members of the panel will be furnished upon request.

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 and material evidence or other matter not previously 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,

ROBERT D ZSALMAN
Acting Executive Director

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