DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 2184-20 
Ref: Signature Date 

Dear , 

This is in reference to your application of 22 February 2020 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 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 case on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 30 April 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.
 
A review of your record shows that you entered active duty with the Navy on 25 May 1970.  Your record documents a number of incidents of misconduct including an unauthorized absence in November 1970, non-judicial punishment for disobeying and striking a shore patrol officer in December 1970, and non-judicial punishment for drunk and disorderly conduct in July 1971.  On 2 August 1971, you went into an unauthorized absence status for approximately 214 day before returning to military custody.  Upon your return, you submitted a request on 21 April 1972 to be discharged for the good of the service to escape trial by court-martial.  In the meantime, you were medically evaluated for the drug exemption program during which you admitted to years of wrongful drug use.  On 12 May 197, you were discharged with an other than honorable (OTH) characterization of service pursuant to your request.  You applied to the Naval Discharge Review Board for an upgrade to your characterization of service and were denied on 2 November 1983.
 
The Board carefully considered your arguments regarding your misconduct including your denial of striking a shore patrol officer or using drugs.  You also assert that you always intended to return from your unauthorized absence and only left after being denied leave to visit family.  Unfortunately, the Board disagreed with your rationale for relief.  First, the Board determined the preponderance of the evidence supports your assigned characterization of service.  Your 214 days of unauthorized absence, when considered in conjunction with your prior history of misconduct, was deemed sufficiently serious to warrant a punitive discharge from the Navy had your case been adjudicated by a court-martial.  Further, the Board also determined that your non­judicial punishment for striking a shore patrol officer was supported by the preponderance of the evidence in your record despite your assertions denying the misconduct.  As a result, despite receiving an OTH characterization of service with your separation, the Board felt you obtained a significant benefit by receiving an administrative separation in lieu of trial by court-martial.  In their opinion, your conduct amounted to a significant departure from that expected of a member of the Navy and still merits an OTH characterization of service. Second, the Board concluded your medical record documenting your evaluation for the drug exemption program should remain in your record.  Again, despite your assertions that you did not use drugs, the Board found no reasonable basis for the Navy to fabricate a medical document for placement in your record.  Additionally, the Board found the specificity of the drug usage information contained in the document to be credible.  Therefore, they concluded the medical report was supported by the preponderance of the evidence.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record. 

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,