DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490

 
Docket No: 9174-17 
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 found the evidence submitted insufficient to establish the existence of probable 
material error or injustice. Consequently, your application has been denied. 

Although you did not file your application 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 6 February 2019. 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, 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 duty on 15 August 1967. On 1 April 
1968, you received a nonjudicial punishment (NJP) for unauthorized absence. On 11 June 1068, 
you were advised of your UCMJ Article 31(b) rights, waived them, admitted to multiple 
instances of drug use before and during your enlistment, and then expressed your intent to 
continue using drugs. On 17 June 1968, you received NJP for disobeying a lawful order and 
wrongful use of marijuana. Subsequently, administrative discharge action was initiated by 
reason of unfitness due to drug use. After being afforded all of your procedural rights, you 
waived them, and your case was forwarded to the separation authority for review. Your 
commanding officer recommended that you receive an undesirable discharge, under other than 
honorable conditions, and the separation authority approved your separation from the Navy. On 
31 July 1968, you received a discharge under honorable conditions due to unfitness by reason of 
drug use. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade 
your discharge to honorable, your record of service, as well as your contention that you were told 
your discharge would automatically be upgraded six months after your discharge date. You 
explained the injustice was that you wanted your discharge upgraded in order to qualify for 
USAA insurance. The Board concluded these factors and assertions were not sufficient to 
warrant a change to your discharge given your misconduct which resulted in two NJPs. The 
Board found no errors, inequity, or injustice in your NJPs or discharge characterization. With 
respect to your contention, there is no provision of law or in Navy regulations that allows for 
recharacterization of service due solely to the passage of time. 

Regrettably, 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 and material 
evidence. New evidence is evidence not previously 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, 

4/24/2019