Docket No: 6218-20
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 was denied.     
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue(s) involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
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 for Correction of Naval Records, sitting in executive session, considered your application on 26 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, and applicable statutes, regulations, and policies. 
  
You enlisted in the Navy and began a period of active duty on 1 March 1978.  On 26 July 1979, nonjudicial punishment (NJP) was imposed on you for Failure to Obey a Lawful Order and Spitting on Deck.  On 3 September 1979, NJP was imposed on you for Willfully Disobeying a Lawful Order, Dereliction of Duty and Wrongful Appropriation.  Your Commanding Officer (CO) vacated the suspended portion of 26 Jul 79 NJP.  On 12 December 1979, NJP was imposed on you for Unauthorized Absence.  On 10 April 1980, you were convicted of Wrongful Possession of Marijuana at a Summary Court-Martial.   Subsequently, administrative separation action by reason of Misconduct – Frequent Involvement of Discreditable Nature with Military or Civilian Authorities, was initiated against you.  On 11 July 1980, you waived your rights to counsel and an administrative board and were discharged with a General discharge.   
 
You have requested an upgrade of your discharge to Honorable. In your request, you stated that: (a) you served three missions on  with no problems; (b) upon discovering you reached maximum levels of radiation, you were assigned to shore duty at ; (c) during a locker search, a marijuana pipe was found in your belongings; (d) you went to Captain’s Mast and then requested drug rehabilitation at ; and (e) you were successful in the program until you were discovered engaging in homosexual activity. You additionally contend that you don’t believe the marijuana pipe alone qualifies as frequent involvement, and that you were a good seaman and fell in with bad sorts.  The Board concluded that these factors and assertions were not sufficient to warrant a change to your discharge status, given the misconduct illustrated in your service record.  In reviewing your case, the Board additionally noted that your discharge package contained no reference to any homosexual activity. 
  
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 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,