Docket No: 4773-19 
Ref: Signature Date 

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 16 June 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 2 December 1968. On 1 August 1969, you received non-judicial punishment (NJP) for possession of marijuana.  Subsequently, you were notified of pending administrative separation action by reason of unfitness due to drug abuse/use.  You elected to consult with legal counsel and subsequently requested an administrative discharge board (ADB).  The ADB found that you committed misconduct due to drug abuse/use and recommended you receive a general under honorable conditions discharge.  The discharge authority concurred with the ADB and directed a general under honorable conditions discharge by reason of unfitness.  On 17 September 1969, you were discharged. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge.  The Board noted that you submitted no additional information in support of your application.  The Board concluded that these factors were not sufficient to warrant upgrading your discharge given your misconduct and the ADB’s recommendation. 

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.