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

Docket No: 2045-18    
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 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 16 April 2019.  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 on 25 February 1969.  During the period from 29 October 1971 to 24 May 1972, you received three non-judicial punishments (NJP) for two specifications of unauthorized absence (UA) totaling 62 days, three hours and 58 minutes, and five specifications of absent from appointed place of duty.  On 12 October 1971, you were also convicted by civil authorities of possession of marijuana.  On 30 May 1972, you were notified of pending administrative separation action by reason of misconduct due to your frequent involvement with military authorities.  After consulting with legal counsel, you submitted a conditional waiver of your administrative discharge board in exchange for being recommended for a general (under honorable conditions) (GEN) characterization of service upon discharge.  In your conditional waiver, you specifically acknowledged that a GEN discharge “may deprive [you] of certain Veteran’s benefits based on [your] current period of active service” and that you “may expect to encounter prejudice in civilian life in situations wherein the type of service rendered in any branch of the Armed Forces or the character of discharge received may have a bearing.” Subsequently, and pursuant to your request, your commanding officer (CO) recommended that you be discharged from the naval service with a GEN discharge by reason of misconduct due to frequent involvement with military authorities.  The discharge authority approved this recommendation and directed a GEN discharge by reason of misconduct.  On 1 July 1972, you were so discharged. 

You request an upgrade of your characterization of service to Honorable.  You contend that such an upgrade would allow you to qualify for insurance with USAA. 

The Board carefully weighed all potentially mitigating factors in your case, such as your desire to upgrade your discharge, and your contention that you would like your discharge upgraded in order to qualify for life, health, home, and automobile insurance with USAA.  The Board concluded that these factors were insufficient to warrant relief given your misconduct while on active duty.  The Board concluded that the seriousness of your misconduct, as evidenced by three NJPs and a civil conviction, outweighed your desire to upgrade your discharge and clearly supports your CO’s decision to issue you the GEN discharge you specifically requested in exchange for conditionally waiving your administrative discharge board. 
 
The Board also noted that characterization of service is based, in part, on conduct and overall trait averages, which are computed from marks assigned during periodic evaluations.  Your conduct average was 2.6.  An average of 3.0 in conduct was required at the time of your separation for a fully honorable characterization of service. 

Regarding your contention that you would like your discharge upgraded in order to qualify for life, health, home, and automobile insurance with USAA, the Board noted that a general (under honorable conditions) characterization of service may not necessarily bar you from benefits from USAA Insurance.  Whether or not you are eligible for benefits based on characterization of service is a matter under the cognizance of USAA Insurance. If you have been denied benefits, you should appeal that denial under procedures established by USAA. 

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.  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, 


7/8/2019