Docket No: 1671-21 
Ref: Signature Date 

Dear  
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 14 April 2021.  The names and votes of the panel members 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 the 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, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). 
 
You enlisted in the Navy on 20 February 1973.  According to the information in the record. On 1 September 1974, you were counseled on receiving marks of 2.8 in military behavior and appearance, displaying a lack of initiative, questioning supervisors, and not completing assigned tasks.  On 1 October 1974, you were counseled on receiving marks of 2.0 in professional performance and adaptability and the marks of 1.0 in military behavior and appearance.  During the period from 8 November to 2 December 1974, you received two non-judicial punishments (NJP) for wrongful use of hashish, possession of a pipe with hashish residue, disobeying a lawful order, and two specifications of absence from appointed place of duty.  Subsequently, you were notified of pending administrative separation action by reason of convenience of the government (COG) due to substandard performance.  Although the Board lacked your entire service record, the Board relied on a presumption of regularity that after waiving your rights, your commanding officer (CO) recommended a general under honorable conditions discharge by reason of COG due to substandard performance.   

The discharge authority approved this recommendation and directed a general under honorable conditions discharge by reason substandard performance.  On 27 December 1974, you were discharged.  As stated previously, the Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to rebut the presumption, to include evidence submitted by the Petitioner, the Board presumes that you were properly discharged from the Navy. 
 
The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo.  These included, but were not limited to, your desire to upgrade your discharge and your contentions that you were a good Sailor except for your wrongdoing and never offered treatment for your drug use.  Based upon this review, the Board concluded that these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your misconduct, as evidenced by your two NJPs and final marks in conduct, outweighed these mitigating factors.  Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief.  
 
In regard to your contention that you were a good Sailor except for your wrongdoing, the Board noted that a Sailor’s service is characterized at the time of discharge based on performance during the current enlistment.  Regarding your contention that you were never offered treatment for your drug use, the Board noted that there is no evidence in your record, and you submitted none, to support your contention that you were suffering from drug addiction prior to discharge.  The Board also noted that the record shows that you were notified of and waived your right to present your case to an Administrative Discharge Board.  In doing so, you gave up your first and best opportunity to advocate for retention, assistance, or a more favorable characterization of service.   
 
You are entitled to have the Board reconsider its decision upon 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,    
4/28/2021
Executive Director