Docket No: 10181-18                                          
Ref: Signature date 
 
Dear  
 
This letter 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 that the evidence submitted was 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 6 November 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 22 June 1967.  On 5 November 1968, you were convicted by special court-martial (SPCM) of two specifications of unauthorized absence totaling 28 days.  Your service record reflects that on 10 October 1968, you were interviewed by Office of Naval Intelligence and after being advised of your rights made a voluntary statement admitting to the unauthorized use of illegal drugs.  As a result, you were notified of pending administrative action to separate you from the naval service, at which time you elected your procedural right to consult with legal counsel and to present your case to an administrative discharge board (ADB).  The ADB recommended administrative discharge with an other than honorable (OTH) characterization of service.  Your commanding officer (CO) concurred with the ADB’s recommendation.  The separation authority approved the recommendation and directed that you be separated with an OTH discharge.  On 4 February 1969, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge.  The Board considered your assertion that over the last 30 years you have maintained a clean record.  However, the Board concluded that your mitigating factors were insufficient to warrant relief because of the seriousness of your misconduct that resulted in a SPCM conviction and your admission of wrongful drug use.  Accordingly, the Board discerned no material error or injustice in the discharge action that would warrant a change in your characterization of service. 
 
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 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.