DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 
Docket No. 5512-15 
MA'f 2 o1016 

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This. is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 1552. Even though you were previously denied relief by this Board on 15 August 2013, Although your request was previously reviewed by the Board and denied, your petit ion was reconsidered, de novo, in accordance with the Deputy Under Secretary of Defense 1s memo of 24 February 2016. 
A three-member panel of the Board for Correction of Naval Records , sitting in executive session, considered your application o n 18 March 2016. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the pr oceedings of this Board. Documentary material considered by the Board consisted of yo:ur application, together wi th all mater.ial submitted in support thereof, your naval record and applicable statutes, regulations and policies. 

A review of your record shows that you entered active duty with the Navy in October 1968 . In December 1968, you depl·oyed off the coast of Vietnam in support of combat operations. During your period of active duty, you r eceived non-judicial punishment on two occasions for minor unauthorized absences. However, on 3 August 1970, you started a period of unauthorized absence that· lasted 94 days and admitted to using Lysergic Acid Diethylamide (LSD) .and Marijuana while on active duty. This resulted in your Other than Honorable (OTH} discharge from the Navy on 26 January 1971. Subsequent to your discharge, a Special Discharge Review Board granted you an upgrade to your discharge to a General . In 2010, you were diagnosed with Post-traumatic Stress Di sorder (PTSD) 
The Board carefully considered your arguments that you deserve an upgrade to your characterization of service based on your PTSD condition that existed at the time of your discharge. The Board considered your case in light of the Secretary of Defense Memorandum of September 3, 2014 , Supplemental Guidance t o Military Boards of Correction of Military/Naval Records Considering Discharge Upgrade 
Requests by Veterans Claiming Post Traumati c Stress Disorder. 

Additionally, the Board appl ied the guidance contained in the Deputy Under Secretary of Defense's memo of 24 February 2016. Unfortunately, t he Board did not agree with your rationale for relief. In determining whether t o upgrade your cha~acterization of service, the Board examined the severity of the misconduct you committ ed to warrant t he OTH discharge and balanced it against t he mitigation offered by your PTSD condition. The Board concluded your use of LSD and marijuana was too serious of misconduct to upgrade your discharge . Drug use in the military is extremely dangerous because you place the safety of other service members in jeopardy. So despite the physical difficulties you have encountered post-service and the existence of 'PTSD, the Board felt the severity of your misconduct outweighed the mitigation offered in your case. Accordingly, the Board was unable to find an error or injustice warranting a correction to your record and denied your application. 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 t o have t he Board reconsider its decision upon submission of new evidence within one year f~om the date of the Board's decision. New evidence is evidence not previousl y considered by the Board prior to making its decision in this case. In this regard, it is important to keep in mind that a presumpti on of . regularity attaches to all official records. Consequently, when applying f or a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice. 
Sincer ely, 

Executive Director 
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