Docket No: 0344-20 
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 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 its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 28 October 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, as well as applicable statutes, regulations, and policies. 
 
You enlisted in the Navy and began a period of active service on 29 November 1976.  On 29 November 1977, you received non-judicial punishment (NJP) for drinking alcoholic beverages as a minor, and being incapacitated for the performance of your duties.  On 15 March 1978, you received NJP for two specifications of UA, and you were counseled regarding your misconduct.  On 2 May 1978, you began a period of unauthorized absence (UA).  On 26 December 1978, you were convicted by Japanese authorities for transfer of 20 grams of narcotics containing diacetyl-morphine, and 30 grams of cannabis.  On 16 February 1979, you were notified of the initiation of administrative separation proceedings by reason of misconduct-frequent involvement, and misconduct-civil conviction.  On 7 March 1979, you elected to consult with counsel and a hearing before and administrative discharge board (ADB).  On 20 April 1979, an administrative discharge board (ADB) convened and recommended your discharge with an other than honorable (OTH) characterization of service by reason of misconduct-frequent involvement, and misconduct-civil conviction.  On 24 October 1979, your commanding officer recommended your discharge from naval service with an OTH characterization of service.  On 21 August 1980, you returned from UA. On 5 September 1980, you were discharge with an other than honorable (OTH) characterization of service by reason of misconduct-civil conviction. 
 
The Board carefully weighed all potentially mitigating factors, such as: (a) your desire to upgrade your discharge; (b) your contention of youth and untreated medical conditions, which caused you to go on AWOL; (c) your contention that your request for shore duty was denied; (c) your contention that you have been an asset to society since your discharge.  The Board commends your post-service conduct.  The Board also reviewed the materials that you submitted with your application.  The Board noted that you received a civil conviction during your enlistment.  Members of the armed services are subject to conviction by civil authorities and, if such action is taken, may be discharged.  The Board considered your contentions but concluded that your discharge was appropriate based your misconduct. 
 
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,