DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS . 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 4862-20 Ref: Signature Date Dear This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code. 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 06 January 2021. The names and votes of the panel members 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 the 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, applicable statutes, regulations, and policies, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). You enlisted in the Navy and began a period of service on 22 June 1972. On 1 March 1973, you were assigned a 2.8 in military appearance. On 3 April 1973, your commanding officer (CO) approved your request for School. On 9 April 1973, your CO withdrew your school orders due to disciplinary action taken against you. In May 1973, marijuana residue was found inside a compartment where you were present; however, you were not charged with any offense. On 24 June 1973, you received non judicial punishment (NJP) for disrespect towards a superior officer and damage to U.S. government property. On 27 June 1973, your CO ordered a physical evaluation due to behavior patterns indicating the presence of a personality disorder. On 30 June 1973, the senior medical officer recommended your discharge by reason of antisocial personality. On 3 July 1973, you were notified of the initiation of administrative separation processing by reason of severe antisocial personality, at which point, you elected not to make a statement. On 5 July 1973, you received an administrative remark noting that you were not recommended for reenlistment due to your NJP and severe antisocial personality. On 6 July 1973, your CO forwarded your package to the discharge authority (DA) recommending your discharge. On 2 August 1973, the DA approved and directed your discharge with a general (GEN) characterization of service by reason of unsuitability. On 9 August 1973, you were discharged. The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo. These included, but were not limited to, your assertions that you never wanted to be discharged from the Navy, you were offered a general discharge under honorable conditions, and told that you would receive all benefits, which you declined, but were told you had no choice. The Board noted you did not submit any documentation or advocacy letters to be considered in support of your petition. The Board further noted that there is no evidence in your record, and you provided none, to support your assertions. Absent evidence to the contrary, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law/policy and in good faith. Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief. Specifically, the Board determined that your misconduct, as evidenced by your NJP, outweighed these mitigating factors. Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief. 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, 1/28/2021 Executive Director