DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 9571-18 Ref: Signature Date 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 3 September 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 on 29 April 1969. During the period from 27 August 1969 to 13 November 1970, you received three non-judicial punishments (NJP) for two specifications of unauthorized absence (UA) and failure to obey a lawful order. On 9 February 1971, you were convicted by special court-martial (SPCM) of disobeying a lawful order, seven specifications of failure to go appointed place of duty, and two specifications of breaking restriction. Subsequently, you were notified of pending administrative action to separate you from the naval service by reason of misconduct due to frequent involvement with military authorities of a discreditable nature. You were advised of your procedural rights, elected to submit a written statement on your own behalf, and waived in writing your rights to have your case heard before an administrative discharge board (ADB) and to be represented by legal counsel. Your commanding officer (CO) recommended a general (under honorable conditions) (GEN) characterization of service by reason of misconduct due to your frequent involvement with military authorities. The discharge authority approved this recommendation and directed that you receive a GEN discharge by reason of misconduct. On 18 May 1971, you were so discharged. The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and your contentions that you were discharged due to racial discrimination because you were dating the “admiral’s daughter,” and that you need Department of Veterans Affairs (DVA) benefits due to being exposed to “agent orange.” However, the Board concluded that the seriousness of your misconduct outweighed your desire to upgrade your discharge and clearly supports the discharge authority’s decision to issue you a GEN discharge. Regarding your contention that you were discharged due to racial discrimination and because you were dating the admiral’s daughter, the Board noted that there is no evidence in your record, and you submitted none, to support your contentions. Your written statement to the ADB, for example, makes no mention of racial discrimination or your purported past dating relationships. The Board also noted that the record shows that you were notified of, and waived, your right to be represented by legal counsel and present your case to an ADB. In doing so, you gave up your first and best opportunity to advocate for retention or a more favorable characterization of service. Regarding your contention that you were exposed to agent orange, whether or not you are eligible for benefits is a matter under the cognizance of the DVA, and you may contact the nearest office of the DVA concerning your right to apply for benefits as a result of being exposed to agent orange. If you have been denied benefits, you may appeal that denial under procedures established by the DVA. 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, 10/3/2019