DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 0816-19 Ref: Signature Date This is in reference to your application of 18 December 2018 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 Boards, sitting in executive session, considered your application on 12 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, and applicable statutes, regulations, and policies. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. You enlisted in the Navy and began a period of active duty on 23 June 1970. You subsequently completed this enlistment with an honorable characterization of service on 18 February 1974 and reenlisted on 19 February 1974. On 7 June 1974, you were convicted by summary court-martial (SCM) of wrongful possession of marijuana. After legal review, your SCM was dismissed for inadmissible evidence. Although your SCM was dismissed, you were subsequently notified of an administrative action to separate you from the naval service because of misconduct due to drug abuse. You were advised of, and elected your procedural rights, to consult with and be represented by military counsel, and your right to present your case to an administrative discharge board (ADB). After consultation with military counsel, you signed a conditional agreement between yourself and the Commanding Officer (CO) agreeing to waive your right to present your case to an ADB provided that you were recommended for a general (under honorable conditions) characterization of service. Your CO recommended that you be administratively separated from the naval service with a general (under honorable conditions) characterization of service. Prior to the separation authority’s decision, on 21 August 1974, you received non-judicial punishment (NJP) for disobeying a lawful order. The separation authority approved the recommendation and directed administrative discharge with a general (under honorable conditions) characterization of service. On 13 September 1974, you were so discharged. The Board carefully weighed all potentially mitigating factors in your case, including your submission of supporting documentation and your desire to upgrade your discharge. The Board considered your contention that you were told that as long as you stayed out of trouble after your discharge, the general discharge would be changed to honorable. You assert that you have led an honest and decent life, you have worked really hard, you own your own home and love your family dearly. The Board concluded that these factors were insufficient to warrant relief in your case because of the seriousness of your misconduct which involved wrongful possession of marijuana and your agreement with the CO for a general (under honorable conditions) characterization of service. Further, there is no provision of law or in Navy regulations that allows for recharacterization of service due solely to the passage of time. 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, 3/25/2020