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

Docket No: 2196-19 
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 10 March 2020.  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 19 July 1974. On 15 July 1974, you stated on the Fraudulent Enlistment Warning form (NAVPERS 1130/2) that you never used narcotic substances, sedatives, stimulant tranquilizer drugs, or used alcoholic beverages in excess.  On 5 August 1974, you made a written statement admitting to using marijuana, hashish, acid, and pain pills prior to enlisting in the Navy Reserve.  On 6 August 1974, you received a psychiatric evaluation, which determined you were not addicted or dependent on any drugs and did not require hospitalization or detoxification.  On 8 August 1974, you received a recruit evaluation, which noted that you wanted to be discharged from the Navy and would try any method necessary to get out, your locker was always messed up, and you refused to study.  As a result, you were recommended for discharge due to unsuitability and were notified of pending administrative separation action by reason of misconduct due to fraudulent entry.  After you waived your rights, your commanding officer (CO) recommended that you be discharged with a general under honorable conditions characterization of service due to misconduct/fraudulent entry.  The discharge authority approved this recommendation and directed a general discharge due to misconduct/fraudulent entry.  On 19 August 1974, you were discharged. 

The Board carefully weighed all potentially mitigating factors such as your desire to change your narrative reason for separation and upgrade the characterization of your discharge and your contention that you were released under medical conditions.  However, the Board found that these factors were not sufficient to warrant changing your narrative reason for separation. 

In regard to your contention that you were released under medical conditions, the Board noted that there is no evidence in your record, and you submitted none, to support your contention.  The Board also noted that the record contains documented evidence, which is contrary to your contention.  The record shows that On 6 August 1974, you received a psychiatric evaluation, which determined that you were not addicted or dependent on drugs and did not require hospitalization or detoxification.  Additionally, on 8 August 1974, you received a recruit evaluation, which recommended you for discharge due to unsuitability. The Board discerned no probable material error or injustice in your discharge warranting a change to your narrative reason or an upgrade to the characterization of your 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. 

Sincerely,