Docket No: 10919-18 
Ref: Signature Date 

Dear  
 
This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 
 
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 application on it merits.  A three-member panel of the Board, sitting in executive session, considered your application on 3 November 2019.  The names and votes of the members of the panel will be furnished upon request.  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, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 
 
You enlisted in the Navy on 25 February 1970.  On 5 March 1971, you were convicted by summary court-martial (SCM) of sleeping on watch.  On 23 July 1971, you were convicted by a special court-martial (SPCM) of unauthorized absence (UA) totaling 30 days, missing ship’s movement, and possession of a military ID with a false date of birth.  On 27 August 1971, you made a written statement to your commanding officer (CO) admitting to possession and use of marijuana and LSD while on active duty in the Navy.  Subsequently, you were notified of pending administrative separation action by reason of unfitness due to possession and use of marijuana and LSD.  After you waived your rights, your CO recommended that you be discharged with a general (under honorable conditions) characterization of service by reason of unfitness due to possession and use of marijuana and LSD.  The discharge authority approved this recommendation and directed a general under honorable conditions discharge by reason of unfitness.  On 8 October 1971, you were discharged. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contention that you were discharged due to your reaction to a family member’s death.  However, the Board concluded that these factors were not sufficient to warrant upgrading your discharge given your misconduct.  The Board also noted that characterization of service is based, in part, on conduct and overall trait averages, which are computed from marks assigned during periodic evaluations.  Your conduct average was 2.7.  At the time of your separation, a conduct average of 3.0 was required for a fully honorable characterization of service. 
 
In regard to your contention that you were discharged due to your reaction to a family member’s death, the Board noted that there is no evidence in your record, and you submitted none, to support your contention.  The Board also noted that the record contains documented evidence, which is contrary to your contention.  The record clearly shows that on 27 August 1971, you admitted to possession and use of marijuana and LSD while on active duty in the Navy, which resulted in a general under honorable conditions discharge. 
 
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 the submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or 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.