DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 
Docket No. 5654-15 
M~Y 2 02016 


This is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 1552. 
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 18 March 2016. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable .to the proceedings of this Board. Document ary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and appl icable statutes, regulations and policies. 

A review of your record shows that you entered active duty with the Marine Corps in July 1968. You served one tour in Vietnam and were honorably discharged in July 1971. Later that year, you re-enlisted in the Marine Corps but were punished at· a summary court-martial. 
on 14 February 1972 for 34 days of unauthorized absence. On 6 April 1973, you were referr ed to a special court-martial for three different periods of unauthorized absence. You submitted a Good of the Service discharge request on 4 April 1973 that was approved resulting in your discharge· with an Other than Honorable discharge. Your request contained an admission of chronic ·drug use that included use of Lysergic Acid Diethylamide (LSD), marijuana, barbiturates, amphetamines, and heroine. This discharge was later upgraded on 13 January 1976 as part of the Presidential Clemency program. Subsequent to your discharge, you were diagnosed with Post-traumatic Stress Disorder. 

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 dischar.ge. The Board considered your case in light of the Secretary of Defense Memorandum of September 3, 2014, Supp.lemental Guidance to Military Boards of Correction of Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming Post Traumatic Stress Disorder. Additionally, the Board applied the guidance contained in the Deputy Under Secretary of Defense' s memo of 24 February 2016. Unfortunately, the Board did not agree with your rationale .for relief. In determining whether to upgrade your .characterization of service, the Board examined the severity of the misconduct you committed to warrant the OTH discharge and balanced it against the mitigation offered by your PTSD condition. The Board concluded your use of LSD, marijuana, barbiturates, amphetamines, and heroine 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 jeopar dy. So despite the difficulties you have encountered post­service 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 t aken. You are entitled to have the Board reconsider its decision upon submission of new evidence within one year from the date of the Board's decision. New evidence is evidence not previously considered by the Board prior to making its decision i n this case. In this regard, it is important to Reep 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,. 

Execut ive Director 
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