DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 2173-19 Ref: Signature Date This is in reference to your application of 1 February 2019 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 that 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 its merits. A three-member panel of the Board, sitting in executive session, considered your application on 17 March 2020. 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, relevant portions of your naval record, and applicable statutes, regulations, and policies. You enlisted in the Navy and began a period of active service on 26 July 1967. According to the information in your record, you admitted to using marijuana and LSD to your commanding officer (CO). Due to your statement of drug use, you CO notified you of an administrative action to separate you from the naval service for unsuitability due to unauthorized use or possession of marijuana and LSD. You elected to consult with legal counsel and subsequently requested an administrative discharge board (ADB). The ADB found that you committed misconduct due to unauthorized use or possession of marijuana and LSD and recommended you receive an other than honorable (OTH) characterization of service. Your CO did not concur with the ADB and recommended a general (under honorable conditions) characterization of service for unsuitability due to unauthorized use or possession of marijuana and LSD. The discharge authority concurred with the CO’s recommendation and directed a general (under honorable conditions) characterization of service for unsuitability. On 28 March 1969, you were so discharged. The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge, contentions that you were unjustly accused of improper conduct because an informant, and your CO offered to fight for you to receive an honorable discharge, but you decided to leave for college. The Board also noted your contention that since discharge, you lived an honorable life, attended college, law school, raised a family, worked in law enforcement, served as a chief human resources officer, and compliance officer. You contend that you worked as a counselor for an anti-gang/drug program, currently serving as a Board of director’s member for the Chamber of Commerce, mentor of VC Innovates, and have never been arrested. However, the Board concluded that these factors were not sufficient to warrant upgrading your discharge given that you admitted to using marijuana and LSD while serving in the Navy. Regarding your contentions that you were unjustly accused of improper conduct because an informant, who was caught, lied about you in order to save himself and your CO offered to fight for you to receive an honorable discharge, but you decided to leave for college. The Board noted that there is no evidence in your record, and you submitted none, to support your contentions. Regarding your contentions that since discharge, you lived an honorable life, the Board noted while commendable, your post-service conduct does not fully mitigate your conduct while enlisted in the Navy or the basis for your 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. Sincerely, 3/31/2020