DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 19001
ARLINGTON, VA 22204-2490
CRS
Docket No: 11729-12
14 May 2014
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 2014. 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 InJUSELEE.
The Board found that you enlisted in the Navy on 7 April 1972.
You received nonjudicial punishment on four occasions and were
convicted by a special court-martial of four periods of
unauthorized absence, disorderly conduct, MSSe2n5 movement, and
insubordination on two occasions.
On 9 October 1974 your commanding officer recommended that you
be separated with a general discharge by reason of unfitness due
to frequent involvement of a-discreditable nature with military
authorities. After review by the discharge authority, the
recommendation for separation was approved and on 11 October
1974 you were separated with a general discharge.
In its review of your application the Board carefully weighed
all potentially mitigating factors, such as your youth and
overall service. The Board found these factors insufficient to
warrant recharacterization of your service in view of your
extensive disciplinary record. Accordingly, your application
has been denied. The names and votes of the members of the
panel will be furnished upon request.
Concerning your request about removal of derogatory material in
your record, the Board declined to remove any information
related to your exposure to or wrongful use of drugs. The Board
particularly noted that the only information regarding drug use
is in connection with your statement that you had involuntarily
ingested lysergic acid diethyl amide (LSD) and had suffered
“flashbacks” . .
It is regretted that the circumstances of your case are such
that favorable action cannot be taken. You are entitled to have
the Boar 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,
Tr kD, Fa
ROBERT D. ZSALMAN
Acting Executive Director
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