DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 3852-21 Ref: Signature Date Dear Petitioner: 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 21 July 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 28 June 1972. On 8 June 1974, civil authorities charged you with two Class A misdemeanors, two Class B misdemeanors, two counts of harassment, and one count of loitering. However, the charges were eventually dismissed. On 7 October 1974, you were granted an exception to remain in the Navy after admitting to using illegal drugs. On 18 October 1974, you received non-judicial punishment (NJP) for two specifications of unauthorized absence (UA) totaling 10 days. On 16 November 1974, you completed drug rehabilitation and received an evaluation from the counseling and assistance center (CAAC), which determined you were not drug dependent, required close supervision, were impulsive, and irresponsible. As a result, you were recommended for administrative separation from the Navy. One 24 January 1975, you received an additional NJP for attempting to steal money from a beer machine. Subsequently, you were notified of pending administrative separation action by reason of convenience of the government (COG) due to unsuitability. After electing to waive your rights, your commanding officer (CO) forwarded your package to the separation authority (SA) recommending your discharge by reason of COG due to unsuitability. On 14 February 1975, the SA approved and directed a Type Warrant Service Record (TWSR) characterization of service. On 21 February 1975, 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. These included, but were not limited to, your desire to upgrade your discharge and contention that you were arrested while on leave due to mistaken identity, was found not guilty and charges were dropped. The Board noted that even though civil authorities dismissed your charges. The record clearly shows that after being notified of pending administrative separation action by reason of COG due to unsuitability, you waived your right to present your case to an administrative board (ADB). In doing so, you gave up your first and best opportunity to advocate for retention, assistance, or a more favorable characterization of service. Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief. Specifically, the Board determined that your misconduct, as evidenced by your two NJPs, in-service drug use, 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. 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, 8/2/2021 Executive Director