DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490
             
Docket No: 10768-18  
Ref:  Signature Date 

This letter 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 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 Board, sitting in executive session, considered your application on  14 April 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. 

You enlisted in the Navy and began a period of active duty on 12 December 1978.  During the period from 6 December 1980 to 4 October 1981, you received three nonjudicial punishments (NJPs) for three brief periods of unauthorized absence (UA), and misbehavior as a sentinel.  On 9 December 1981, you were notified of administrative action to separate you from the naval service due to your pattern of misconduct.  After being afforded your procedural rights, you elected to waive your right to request to have your case heard before an administrative discharge board.  On 19 December 1981, your case was forwarded to the separation authority with the recommendation that you be separated from the Navy with a general (under honorable condition) discharge.  Additionally, you were counseled regarding your prior misconduct and warned that further violations could make you the subject of a court-martial.  On 12 February 1982, you received your fourth NJP for three periods of UA totaling 32 days.  Although the separation authority directive to discharge you was not found in your record, based on your Certificate of Release or Discharge from Active Duty (DD Form 214), you were discharged from the Navy on 19 February 1982, with a general (under honorable conditions) characterization of service.  You petitioned the Naval Discharge Review Board (NDRB) to upgrade your characterization of service.  The NDRB confirmed the foregoing service and disciplinary history and, on 16 November 1984, determined that your discharge is proper as issued and that no change is warranted. 

The Board carefully weighed all potentially mitigating factors, such as your record of service and desire to have your characterization of service upgraded.  The Board also considered your assertions that you were informed when you were discharged, that your characterization of service would be automatically upgraded after six months.  However, the Board concluded that these factors were insufficient to warrant recharacterization of your discharge, given your four NJPs, one of which was after you were warned of the consequence of further misconduct.  Further, there is no provision of law or in Navy regulations that allows for recharacterization of service due solely to the passage of time. 

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 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.   



5/13/2020