Docket No: 6409-20
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 4 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, and 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 on 25 July 1972.  On 22 February 1973, you received nonjudicial punishment (NJP) for wrongful transfer of marijuana.  On 15 August 1974, you received NJP for assault and unauthorized absence (UA).  On 17 September 1974, you received NJP for willfully disobeying an order.  On 24 January 1975, you received NJP for two periods of UA.  You were convicted by a General Court-Martial on 10 June 1975, for possession and sale of LSD.  As part of your punishment, you received a bad conduct discharge (BCD).  On 26 September 1975, you received NJP for failure to go to your appointed place of duty and for misbehavior of a sentinel.  Your BCD was executed on 2 August 1976, which was reflected on your DD Form 214 as an other than honorable characterization of service.  
 
The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention that you are recovered from drug addiction, that you have been attending narcotics anonymous with the Department of Veterans Affairs, you have been drug free since approximately 1978, and that you believe your military service contributed to your drug addiction.  The Board noted that you did not provide information, nor is any in you service record, setting forth a basis for your contention that military service contributed to your drug addiction.  The Board also considered the statements that you provided in support of your petition.  After careful consideration of your contentions, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service.   
 
The Board also 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 desire to upgrade your discharge and contentions discussed above.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your repeated misconduct, as evidenced by your five NJPs and GCM, 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,