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

Docket No: 4051-18
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 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 3 July 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, as well as applicable statutes, regulations, and policies. 

You enlisted in the Navy and began a period of active duty on 18 March 1970.  On 9 October 1970, you received non-judicial punishment (NJP) for wrongful possession of a controlled substance.  The commanding officer (CO) reported your drug involvement to the separation authority and recommended no further administrative action be taken.  The separation authority concurred with the CO’s recommendation and directed that you be retained in the Navy and issued an administrative counseling, which stated in part, further misconduct may result in not only disciplinary action, but also reprocessing you for administrative discharge.  Although your administrative separation documentation is not in your official military personnel file, based upon your Certificate of Release or Discharge from Active Duty (DD Form 214), you were discharged on 29 December 1971, with a general (under honorable conditions) character of service by reason of convenience of the government due to a determination that you were a non-potential petty officer.

The Board carefully weighed all potentially mitigating factors, such as your request to upgrade your discharge, receive the Combat Action Ribbon (CAR), and contentions that you were falsely accused of a crime you did not do; the Navy found marijuana and some other pills in your bunk, however, it was not yours, someone had planted it there. This black mark on your record resulted in your general discharge. Also, you were in a combat zone for two days and earned the CAR; you should have been awarded the CAR for when you were in for two days and when you went ashore. The Board concluded these factors were not sufficient to warrant an upgrade of your discharge given the seriousness of your drug related misconduct and performance overall trait average (OTA). The Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to the 
contrary, will presume that they have properly discharged their official duties. Additionally, character of service is often based, in part, on the OTA, computed from marks assigned on a periodic basis. Your OTA was 2.71, which was below the OTA of 3.0 required at the time of your separation for a fully honorable character of service. In view of the forgoing, the Board discerned no material error or injustice in the discharge action that would warrant a change in your characterization of service. 

In regard to your contention that you were falsely accused, there is no evidence in your record, and you provided none, to support your contention. Regarding your request to receive the CAR, a preliminary review of your request revealed that you have not exhausted all of your administrative remedies in that you have not first sought relief through the Navy Department Board of Decorations and Medals (NDBDM). 

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. 

Sincerely,

9/1/2019
Executive Director