Docket No: 7819-18
Ref:  Signature Date 

Dear : 
 
This is in reference to your application of 9 August 2018 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 2 December 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, and applicable statutes, regulations, and policies. 
 
You enlisted in the Navy and began a period of active duty on 19 May 1980.  During the period from 21 January 1981 to 24 August 1982, you received four non-judicial punishments (NJPs) for wrongful possessing of a marble pipe, one vertical pipe containing marijuana residue, one roach clip, four days of unauthorized absence (UA), attempting to break into a coffin locker, damaging government property, wrongfully consuming alcoholic beverages onboard ship, assault, and communicating a threat.  Additionally, you were warned, after you second NJP, that your military behavior was unsatisfactory and that further misconduct could result in disciplinary action and administrative discharge action.  On 25 August 1982, you were warned again that your military behavior was unsatisfactory and that further misconduct could result in disciplinary action and administrative discharge action.  On 25 March 1983, you were convicted by summary court-martial (SCM) of 31 days of UA, disobeying a lawful order, disrespect, and wrongful use of marijuana.  On 14 June 1983, you were notified of administrative action to separate you from the naval service due to a pattern of misconduct, commission of a serious offense, and drug abuse.  After being afforded your procedural rights, you consulted with counsel and waived your right to present your case before an administrative discharge board.  On 17 June 1983, your case was forwarded to the separation authority with the recommendation that you receive an other than honorable (OTH) discharge.  On 15 July 1983, the separation authority directed that you receive an OTH characterization of service due to a pattern of misconduct.  On 18 July 1983, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your record of service, and desire to have your characterization of service upgraded.  The Board also considered your assertions that you were discharged under a program named Project Upgrade, you have been a model citizen with no arrest or trouble since your discharge, and are presently working by transporting fellow veterans.  Additionally, you contend that you were informed that your discharge would be upgraded if you maintained a clean record.  The Board concluded these factors were insufficient to warrant recharacterization of your discharge given your misconduct, which resulted in four NJPs, a SCM conviction, and the fact that you were warned on more than one occasion regarding the consequences of further misconduct. The Board also noted that there is no provision in law or regulations that allows for re-characterization of a discharge automatically 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 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. 
 
Sincerely,