DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490
               
Docket No: 552-19                
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 it merits.  A three-member panel of the Board, sitting in executive session, considered your application on 11 February 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 3 February 1975.  On 16 July 1975, you were dropped from the nuclear field program and the nuclear field designation due to lack of aptitude and being in a UA status seven times in eight weeks.  On 22 September 1975, you received non-judicial punishments (NJP) for three specifications of absence from appointed place of duty and failure to go to appointed place of duty.  On 2 October 1975, you admitted to using marijuana three to four times between April 1975 and May 1975 and using Percodan 20 times in September 1975.  Due to your statement of drug use, you received a drug dependency evaluation and were determined not to be psychological or physically dependent on drugs.  As a result, your CO granted you an exemption for your drug use and referred you to participate in a drug rehabilitation program.  On 7 October 1975, you received NJP for two specifications of absence from appointed place of duty and two specifications of failure to obey a lawful order.  Subsequently, you were notified of pending administrative separation action by reason of unsuitability due to apathy/defective attitude.  After you waived your rights, your commanding officer (CO) recommended a general discharge under honorable conditions by reason of unsuitability due to apathy/defective attitude. 

The discharge authority approved this recommendation and directed a general under honorable conditions discharge by reason of unsuitability.  On 16 October 1975, you were discharged. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your contention that your discharge deserves to be upgraded due to your post-service conduct.  However, the Board concluded that these factors were not sufficient to warrant upgrading the character of your discharge given your misconduct, drug use, and desire to leave the Navy.  The Board discerned no probable material error or injustice in your 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,

3/25/2020