DEPARTMENT OF THE NAVY
“304 2. ¢ COUPTHOUSE POLD, SUITE 7001
ARLINGTON. VA 22204-2490
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Docket No: 11612-14
29 January 2015
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A three-member panel c he Board for Correction of Naval
Records, sitting in e»> ‘ive session, considered your
application on 28 Janu 2OL5 The names and votes of the
members of the panel will be furnished upon request Your
allegations of error and injustice were reviewed in accordar
with administrative regulations and procedures applicable to the
this Board. Documentary material considered by
of your application, together with all :
in support thereof, your naval record, and
regulations, and policies
record r
personality
n immaturi
heroin, cocaine, amphetamine uana, a
diethylamide (LSD). On 4 August 1974, after s
you were referred for a psychiatric evaluation
an immature and passive aggressive personality
evidenced by your history of wrongful use of h
amphetamines, marijuana, and LSD. Shortly there
August 1974, you were convicted by civil authori
without a
On 23 December 1974,you submitted a written other
than honorable dischar rder to avoid rt-martial
for five period of UA a ng 125 days, 1
pistol, conspiracy to mit larceny, theft olster
falued at $3, $350 from and fellow shipment
property valued at $50, and failure to got place
of duty. Prior to submitting this request you conferred with a
qualities military lawyer at which time you were advised of your
rights and warned of che probable adverse consequences of
accepting such a discharge. Subsequently, your. request was
granted and the commanding officer was directed to issue you an
other than honorable discharge by reason of the good of the
service. As a result of this action, you were spared the stiqma
of a court-martial conviction and the potential penalties of a
punitive discharge and confinement at hard labor. On 10 January
1975, you were issued an other than honorable discharge.
The Board, in its review of your entire record and application
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your discharge and assertion of a
diagnosed post-traumatic stress disorder (PTSD). Nevertheless,
the Board concluded these factors were not sufficient to warrant
relief in your case because of the seriousness of your
misconduct, repetitive and lengthy periods of UA, and wrongful
use of controlled substances, all of which resulted in your
request for discharge. The Board believed that considerable
clemency was extended to you when your request for discharge to
avoid trial by court-martial was approved. Further, the Board
concluded that you received the benefit of your bargain with the
Navy when your request for discharge was granted and you should
not be permitted to charige it now. Regarding your assertion of
suffering from PTSD, the Board noted that the severity of your
misconduct outweighed the mitigations of your post service
medical assessment of PTSD. Accordingly, your application has
been denied.
Zt 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
within one year from the date of the Board’s decision. 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.
Sincerel
ROBERT J. O'NEILL
Executive Director
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