DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490
             
Docket No: 10192-18  
Ref:  Signature Date 

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 its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 4 March 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 and began a period of active duty on 19 September 1974.  During the period from 6 March 1975 to 23 February 1978, you received eight nonjudicial punishments (NJPs) for four periods of unauthorized absence (UA) totaling 38 days, eight instances of disobedience, missing movement, and being absent from your appointed place of duty.  You remained on active duty, and were released, and transferred to the Navy Reserve on 6 September 1978, with a general characterization of service. 

The Board carefully weighed all potentially mitigating factors, such as your record of service, desire to have your characterization of service upgraded, that you would like to be buried with your parents, that you have worked with the same agency for 33 years, and that you have Stage 4 Prostate Cancer.  The Board also considered your assertions that you were targeted and harassed for being Jewish, that you served during the          era and did not received the Campaign Ribbon that you feel you deserve, and that you answered the call on 9/11 and was a first responder.  The Board concluded these factors and assertions were not sufficient to warrant upgrading the characterization of your discharge given your misconduct, which resulted in eight NJPs. 

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. 

  
4/4/2020