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

Docket No: 2925-19               
Ref: Signature Line 

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 you did not file your application 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 30 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, and applicable statutes, regulations, and policies.
 
You enlisted in the Navy and began a period of active duty on 23 January 1968.  On 24 May 1971, charges were pending against you alleging illegal use, sale, and possession of narcotics, marijuana, and other dangerous drugs.  After consultation with counsel, you requested separation for the good of the service in lieu of trial by court-martial (GOS/SILT).  On 27 May 1971, your request was approved, and, on 2 June 1971, you were discharged with an other than honorable (OTH) characterization of service.
 
You request the Board upgrade your discharge to honorable.  You assert that, at the time of your discharge, a personnel officer told you to wait a few years and file an appeal.  You claim that, one Friday night, you asked the Sailor standing duty to lend you his car to go see a movie in town, and another Sailor you did not know asked to join you.  You state you met two girls, and the other Sailor showed them a marijuana joint and asked them if they wanted to get high.  The girls were undercover police officers.  You were arrested, charged with possession, and sentenced to probation.  Later, there was a drug bust on base, and, although no drugs were found on your person or in your living quarters, you were threatened with prison if you requested a lawyer. 
Additionally, you claim that Naval Investigative Service agents told you what to write in your confession.  You state that you have had no involvement with law enforcement for the past 48 years, have been married for 39 years, have 2 sons, and own a HVAC business.  Lastly, you state that you are 70 years old and feel that, due to your time on active duty and dedication to the Navy, this incident should not be held against you.  The Board carefully weighed all potentially mitigating factors, such as your record of service, desire to upgrade your discharge, and post-service conduct and accomplishments, as well as your contentions, but concluded that these factors were not sufficient to warrant a change to your discharge given your serious misconduct.  The Board also noted that you provided no evidence to support your contentions.  Absent such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law and policy and in good faith.  The Board thus concluded that there is no probable material error or injustice in your record warranting corrective action. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken at this time. 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, 


10/21/2019