DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490 

Docket No: 3163-21 

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 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 4 June 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, 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 and began a period of active duty on 20 December 1972. On 22 May 1973, you received nonjudicial punishment (NJP) for failure to obey a lawful order and wrongfully possessing a habit forming drug.  On 19 March 1974, you received a second NJP for failure to obey a lawful order.  On 27 March 1974, you were detained by NIS agents and charged with possession of a controlled substance (i.e., marijuana).  On 28 March 1974, you received a third NJP for failure to obey a lawful order.  On the same date, you were notified of the initiation of administrative separation proceedings by reason of unfitness due to drug abuse, at which point you elected to waive all your procedural rights.  Subsequently, you received a 2.0 mark in behavior for two NJPs in a period of nine days for possession of marijuana.  On 30 March 1974, your commanding officer forwarded a request to the Chief of Naval Personnel recommending your separation from the naval service with a general (under honorable conditions) discharge by reason of unfitness due to drug abuse.  On 22 May 1974, you received a fourth NJP for possession of marijuana.  On the same date, you were counseled for substandard military behavior and advised that further involvement with civil or military authorities may result on the initiation of administrative separation proceedings.  On 4 June 1974, you requested an immediate discharge from naval service in lieu of awaiting final action.  On 7 June 1974, the discharge authority approved your request and you were discharged with a general (under honorable conditions) characterization of service. 

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.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your repeated misconduct, as evidenced by your NJPs, outweighed these mitigating factors.  Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief. 

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, 
6/15/2021 

Executive Director