Docket No: 5227-19 
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 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 8 July 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 and began a period of active duty on 25 March 1957.  You subsequently completed that enlistment with an Honorable characterization of service on 18 April 1960 and reenlisted on 19 April 1960.  On 7 June 1960, you received non-judicial punishment (NJP) for an unauthorized absence.  The record reflects that an Office of Naval Intelligence investigation was conducted into your alleged knowledge and use of narcotics while a member of the U.S. Navy.  On 24 October 1960, you provided a voluntary statement in which you admitted to the purchase and use of marijuana.  As a result of the investigation and your voluntary statement, you were notified of pending administrative action to separate you from the naval service.  Subsequently, on 8 November 1960, you were notified of an administrative action to separate you from the naval service.  You were advised of, and waived, your procedural rights, including your right to consult with and be represented by military counsel, and your right to present your case to an administrative discharge board (ADB).  Your commanding officer (CO) recommended that you be administratively discharged from the naval service with an other than honorable (OTH) characterization of service.  The separation authority approved the CO’s recommendation and directed your administrative discharged with an OTH characterization of service.  On 6 December 1960, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge.  The Board considered your contention that because there was no court-martial or NJP; you did not have a chance to speak for yourself.  After careful consideration, the Board concluded that these factors were insufficient to warrant relief in your case because of the seriousness of your misconduct which involved the illegal purchase and wrongful use of marijuana.  In regard to your contention that you did not have a chance to speak for yourself, the Board noted you waived your procedural rights, thereby forfeiting your best opportunity to receive a better characterization of service.  Accordingly, under the totality of the circumstances, the Board discerned no probable material error or injustice in the discharge. 
 
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,