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

Docket No: 6063-18 

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 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 11 March 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, as well as applicable statutes, regulations, and policies. 

You enlisted in the Navy on 26 April 1973.  While at recruit training, you were suspected of fraudulent entry to the Navy due to a failure to disclose pre-service drug use.  On 28 June 1973, you admitted to the investigator that you had engaged in a variety of pre-service drug use.  On 2 July 1973, you were notified that you were being considered for administrative discharge because of fraudulent enlistment.  Thereafter, you were absent without authorization from 4 July 1973 until 16 August 1973.  On 21 August 1973, pursuant to a request from your command, you were evaluated for suitability for service, diagnosed with an antisocial personality, and recommended for administrative discharge.  On 21 September 1973, you requested an undesirable discharge for the good of the service. Your commanding officer concurred with the request, as did the separation authority.  On 18 October 1973, you were discharged with an other than honorable (OTH) characterization of service. 

You request an upgrade to your characterization of service to general or honorable.  You state that you were asked to participate in some activities with which you did not agree (selling marijuana for a commanding officer) and when you refused, you were threatened.  You state that you were sent to the brig, treated a               Medical, and then discharged.  You note that you wanted to stay in the military. 

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your claim that you were asked to participate in activities with which you did not agree. The Board also reviewed your available in-service medical treatment records and noted that you reported significant personal challenges.  The Board considered the seriousness of your misconduct, namely your period of unauthorized absence, as well the suspicion of fraudulent entry due to pre-service drug use.  The Board determined that you received appropriate medical evaluations during your time in the Navy, and concluded that your OTH characterization of service was supported by your actions.  The Board found no error or injustice, and that an upgrade was not warranted. 

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 of new matters. 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,

 
6/10/2019