DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 
DocketNo. 8292-15 

HAY 2 7 2016 


This is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 1552. Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute oflimitations and consider your case on its merits. A three-member panel ofthe Board for Correction ofNaval Records, sitting in executive session, considered your application on 12 May 2016. 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, your naval record and applicable statutes, regulations and policies. 

A review of your record shows that you entered active duty with the Navy on 29 August 1967. On 15 February 1968, non-judicial punishment (NJP) was imposed on you for failing to possess your liberty card. On 19 March 1968, NJP was again imposed for disrespect toward shore patrol, use ofprofane language, underage drinking, and disorderly conduct. On 16 July 1968, you admitted to extensive pre-service drug use and use ofcontrolled substances while on active duty. This resulted in your administrative separation processing for wrongful use ofdrug on 24 July 1968. A 7 August 1968, mental health evaluation determined that you did not possess any condition requiring a diagnosis and you were discharge on 4 October 1968 with a General characterization of service. 

The Board carefully considered your arguments that you deserve an honorable characterization ofservice, reimbursement for uniform items that were not returned, and a monetary settlement for the Navy's failure to examine you as a mental patient. Unfortunately, the Board disagreed with your rationale for relief. First, the Board determined your characterization of service was appropriate and did not require an upgrade. You have two NJPs in your record as well as an admission ofwrongful drug use. The Board concluded that the seriousness ofthe drug use was sufficient to warrant an Other than Honorable characterization ofservice by itself. The fact you 
were issued a General discharge despite possessing two NJPs in addition to. your drug use was considered fortunate by the Board. Second, you provided no evidence regarding the wrongful taking of your property by the Navy. Accordingly, the Board had no evidence on which to base a grant ofrelief. Finally, the Board concluded you were evaluated for a mental health condition on 7 August 1968 and received the appropriate standard ofcare based on the medical report in your record. There was no evidence that the Navy failed to properly evaluate you for a mental condition. Accordingly, the Board was unable to find ari error or inju.stice warranting a . correction to your record and denied your application. Your request for a personal appearance before the Board has also been denied. The Board felt it had sufficient evidence to make a decision in your case and your presence was not required. The names and votes ofthe members of the panel will be furnished upon request. 

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 ofnew evidence within one year from the date ofthe Board's decision. New evidence is evidence not previously considei:ed by the Board prior to making its decision in this case. In this regard, it is important to keep in mind that a presumption ofregularity 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 ofprobable material error or injustice. 
Sincerely, 

Executive Director