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

Docket No: 2226-18                                     
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 15 May 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, 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 6 January 1975.  On 3 October 1975, you received non-judicial punishment (NJP) for two specifications of unauthorized absence in excess of 7 days.  On 31 December 1975, you received your second NJP for failure to hold reveille on two different occasions.  On 10 January 1976, you received your third NJP for failure to go to your appointed place of duty on three different occasions. Although your administrative separation documentation is not in your official military personnel file, based upon your certificate of release or discharge from active duty (DD Form 214), you were discharged on 22 January 1976, with a general (under honorable conditions) character of service by reason of unfitness. 

The Board carefully weighed all potentially mitigating factors, such as your request to upgrade your discharge and contentions that you served honorably; and you believe you should be entitled to an honorable discharge so that your full benefits may be available to you.  The Board concluded your mitigating factors were not sufficient to warrant an upgrade of your discharge given the seriousness of your repeated misconduct, which resulted in three NJPs. 

In regard to your contention concerning character of service, character of service is often based, in part, on the overall trait average (OTA), computed from marks assigned on a periodic basis.  Your OTA was 2.70, which was below the OTA of 3.0 required at the time of your separation for a fully honorable character of service.  Regarding veteran benefits, the Board noted because of your general characterization of service you may be eligible for veteran's benefits.  You should contact the nearest office of the Department of Veterans Affairs if you desire clarification about your eligibility for those benefits.  The Board in its review discerned no material error or injustice in your discharge.
 
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, 


7/29/2019