Docket No: 1698-20
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 relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 18 November 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, together with all material submitted in support thereof, relevant portions of your naval record, and applicable statutes, regulations, and policies. 
 
You enlisted in the Navy on 28 May 1976.  According to the information in the record, during the period from 17 November 1976 to 23 December 1977, you received non-judicial punishment (NJP) four times for a total of three specifications of absence from your appointed place of duty, and unauthorized absence for one day.  During the period from 31 January to 4 April 1978, you received counseling on two separate occasions regarding being assigned the marks of 2.0 in Professional Performance, 2.8 in Adaptability, and 2.6 in Military Behavior.  Subsequently, you were notified of a recommendation for your discharge by reason convenience of the government (COG) due to minor military infractions/non-contributory to unit mission.  After you waived your procedural rights, your Commanding Officer forwarded your package to the discharge authority recommending your discharge by reason of COG due to minor military infractions/non-contributory to unit mission with a general (under honorable conditions) characterization of service.  The discharge authority approved the recommendation and on 21 April 1978, you were discharged.  Although the Board lacked your entire service record, the Board relied on a presumption of regularity to support the official actions of public officers, and in the absence of substantial evidence to rebut the presumption, to include evidence submitted by the Petitioner, the Board presume that you were properly discharged from the Navy. 

The Board carefully weighed all potentially mitigating factors, such as your desire to remove the statement of drug abuse from item 27 on your Certificate of Discharge or Release from Active Duty (DD Form 214) and contention that item 27 states drug abuse, which makes it looks like you were discharged for drug use.  The Board noted that a review of your record determined that item 27 on your DD 214 is correctly stated.  The statement pertaining drug abuse on item 27 is referring to a drug abuse class you attended along with other classes you attended while on active duty.  In this regard, the Board concluded that relief is not warranted in your case given no error was discovered on item 27 of your DD Form 214.     
 
You are entitled to have the Board reconsider its decision upon 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,