Docket No: 1794-18 

 Ref: Signature date 

Dear 

This letter is in reference to your application for correction of your naval record pursuant to the 
provisions of 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 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 9 April 
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, together with all material submitted in support 
thereof, relevant portions of your naval record, and applicable statutes, regulations, and policies. 

Regarding your request for a personal appearance, the Board determined that a personal 
appearance with or without counsel would not materially add to their understanding of the issues 
involved. Therefore, the Board determined that a personal appearance was not necessary and 
considered your case based on the evidence of record. 

You enlisted in the Navy on 24 February 1971. On 31 August 1971, you requested to be 
discharged from the Navy by reason of conscientious objector. On 10 September 1971, you 
received non-judicial punishment (NJP) for unauthorized absence (UA) totaling seven days. On 
6 October 1971, Chief of Naval Personnel (PERS-B222) denied your request to be discharged. 
On 26 October 1971, you mad a second request to be separated due to being a conscientious 
objector. On 9 November 1971, you received a second NJP for being UA 13 days. On 
26 February 1972, PERS-B22 disapproved your second request to be separated due to being a 
conscientious objector. 

On 17 April 1972, you admitted to using drugs prior to enlisting into the Navy and twice while 
on active duty. On 19 April 1972, you received your third NJP for being UA three days. 
Subsequently, you were notified of your rights with respect to the initiation of administrative 
separation processing by reason of fraudulent entry. You waived your right to an administrative 
discharge board, and your commanding officer (CO) recommended that you be discharged with a 
general (under honorable conditions) characterization of service due to fraudulent entry. The 
discharge authority approved this recommendation and directed a general under honorable 
conditions discharge by reason of fraudulent entry. On 19 May 1972, you were discharged. 

The Board carefully weighed all potentially mitigating factors, such as your desire to change 
your characterization of service and to remove the UA from your record. The Board also 
considered all of your contentions, including that you were beaten up and abused by a Chief and 
two other Sailors, that you were threatened, which led to you admitting to using drugs in order to 
get out of the Navy, and that since being discharged you graduated from worked 
for the DoD for 30 years, and worked in Afghanistan as a civil engineer for 43 months. 
However, the Board found that these factors were not sufficient to warrant changing your 
characterization of service. 

In regard to your contentions that you were beaten up and abused by a Chief and two other 
Sailors, and that you were threatened, which led to you admitting to using drugs in order to get 
out of the Navy, the Board noted that there is no evidence in the record, and you submitted none, 
to support your contentions. The Board also noted that the record shows that you were notified 
of, and waived your right to, present your case to an administrative board (ADB). In doing so, 
you gave up your best opportunity to advocate for retention or a more favorable 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.