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

Docket No: 9733-18                
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 10 September 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, and applicable statutes, regulations, and policies. 

You enlisted in the Navy on 26 January 1977.  During the period from 1 December 1977 to 15 May 1978, you received 10 warnings concerning disobeying direct orders, lack of concern and desire to improve, lack of responsibility, and being totally unreliable.  During the period from 8 December 1977 to 29 June 1978, you received non-judicial punishments three times, for unauthorized absence (UA) totaling four days, two instances of absence from appointed place of duty, failure to go to appointed place of duty, and failure to obey a lawful order.  Subsequently, you were notified of the initiation of, and your rights associated with, administrative separation processing by reason of misconduct due to frequent involvement with military authorities.  After you waived your rights, your commanding officer (CO) recommended a general (under honorable conditions) discharge by reason of misconduct due to frequent involvement with military authorities.  The discharge authority approved this recommendation and directed a general under honorable conditions discharge by reason of misconduct.  On 23 August 1978, you were discharged. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contention that you were told by the Chaplain that your discharge would automatically change to honorable after six months.  In this regard, the Board concluded that the seriousness of your misconduct supported your CO’s decision to issue you a general discharge.  

The Board also noted that character 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 2.8.  An average of 3.0 in conduct was required at the time of your separation for a fully honorable characterization of service. 

In regard to your contention that you were told by the Chaplain that your discharge would automatically change to honorable after six months, the Board noted that there is no provision in law or regulation 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 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, 


10/4/2019