Docket No: 1109-20  
Ref: Signature Date 
 
 
Dear : 
 
This 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  
13 November 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. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue(s) involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the Navy and began a period of active duty on 8 November 1968.  From the period beginning on 15 April 1969 until 21 September 1970, you received non-judicial punishment (NJP) on six occasions for the following offenses: four specifications of unauthorized absence (UA), dereliction in the performance of duty, and assault. On 17 August 1972, you were notified that were not recommended for reenlistment due to your low marks in military behavior.  On 24 August 1972, you were discharged with a general discharge under honorable conditions and transferred to the naval reserves.  At the time of your discharge, you received a 2.96 final trait average in military behavior, and an overall trait overage of 3.12.   
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your contentions that you are unable to receive USAA insurance, you used drinking as a tool to deal with internal struggles, and you are embarrassed by your current characterization of service.  Please be advised that there is no requirement or law that grants recharacterization solely on the issue of obtaining insurance benefits.  Your characterization encompasses a review of your entire record, weighing significant positive and negative aspects of your overall service record.  The Board noted your repeated misconduct and final trait average in military behavior was 2.96.  An average of 3.0 in military behavior was required at the time of your separation for a fully honorable characterization of service. The Board in its review did not find evidence of an error or injustice that warrants upgrading your characterization of service.  
 
In reviewing the circumstances of your separation and characterization of service, the Board considered the totality of the circumstances to determine whether relief is appropriate today in the interests of justice in accordance with guidance provided by the Under Secretary of Defense for Personnel and Readiness (Wilkie Memo of 25 July 2018).  Accordingly, the Board considered and acknowledged your positive contributions to the Navy, the length of your active duty service to our nation, and your post-discharge achievements.  However, even in light of the USD Memo, the Board still concluded given the totality of the circumstances, your request does not merit relief. 
 
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,