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

Docket No: 6775-18 
Ref:  Signature Date 

Dear  
 
This is in reference to your application of 17 July 2017 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 28 October 2018.  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, and applicable statutes, regulations, and policies. 
 
You enlisted in the Navy and began a period of active duty on 9 October 1967.  On 20 February 1969, you were the subject of an Office of Navy Intelligence (ONI) investigation during you gave a voluntary sworn statement detailing your drug use.  On 28 February 1969, you were notified of administrative action to separate you from the naval service due to unauthorized use and possession of LSD, marijuana, methedrine, benzedrine, and mescaline.  On 7 March 1969, after being afforded all of your procedural rights, your commanding officer forwarded your case to the separation authority recommending that you receive an undesirable discharge due to unfitness.  On 17 March 1969, the separation authority concurred and directed that you receive an undesirable discharge by reason of unfitness.  However, your record is incomplete and does not contain all of the documents pertaining to your discharge from the Navy.  Based on your Report of Separation from Active Duty (DD Form 214) you received a general discharge on 20 March 1969. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your record of service, desire to upgrade your discharge, and belief that you should be eligible for all benefits available to those with honorable discharges.  You assert that your wife and son are on social security disability, and you want to lighten the burden on them when it comes time for them to take care of you.  You state that you have identified programs available to veterans with honorable discharges that may help you, and you also believe that your actions during your enlistment were not deserving of your current discharge.  The Board concluded these factors were not sufficient to warrant recharacterization of your discharge given your sworn statement and your drug involvement. 
 
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.