DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490
             
Docket No: 2532-19              
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 17 March 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, as well as applicable statutes, regulations, and policies. 

You enlisted in the Navy on 18 September 1978.  During the period from 14 March 1979 to 10 July 1979, you received three non-judicial punishments (NJP) for wrongful use of marijuana, unauthorized absence (UA), two specifications of dereliction in the performance of duty, and two specifications of violating a lawful general regulation.  During the period from 29 April 1980 to 12 September 1980, you received three NJPs for UA totaling 21 days, missing ship’s movement, wrongful use of a controlled substance, two specifications of unlawful use of alcohol aboard a Navy vessel, disrespect toward a senior commission officer, and failure to obey a lawful order. On 29 January 1981, you were notified of pending administrative separation action by reason of misconduct due to your frequent involvement with military authorities.  On 17 February 1981, you received NJP for four days of UA.  After you were advised of, and waived your administrative separation procedural rights, your commanding officer (CO) recommended that you be discharged from the naval with an other than honorable (OTH) characterization of service by reason of misconduct due to your frequent involvement with military authorities.  The discharge authority approved this recommendation and directed separation under other than honorable conditions by reason of misconduct.  On 25 March 1981, you were discharged. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your characterization of service, and your contentions that you were young at the time of your service and you are now a responsible adult who knows what it is like to be an American citizen and serve your country.  However, the Board concluded that seriousness of your misconduct outweighed your desire to upgrade your discharge. 
In regard to your contention that you were young at the time of your service, the Board noted that the evidence of record did not show that you were not responsible for your conduct or that you should not be held accountable for your actions.  Regarding your contention that you are now a responsible adult that knows what it is like to be an American citizen and serve your country, the Board noted that, while commendable, your post-service conduct does not excuse your conduct while enlisted in the Navy or the basis for 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 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, 

4/18/2020