Docket No: 1160-20 
Ref: Signature Date 
 

Dear : 
 
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 4 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. 
 
You enlisted in the Navy and began a period of active duty on 30 August 1972.  On 2 October 1973, you were convicted by special court-martial (SPCM) of an unauthorized absence (UA) for the period from 20 April 1973 to 6 June 1973, and failure to obey a lawful order.  On 9 January 1975, you were again convicted by SPCM of two specifications of UA for the period from 4 September 1974 to 5 September 1974, and 26 September 1974 to 2 October 1974.  On 6 May 1975, you were advised that you were under consideration for administrative separation from the naval service because of unsuitability due to substandard performance or inability to adapt to military service.  Unfortunately, your administrative separation documentation is not in your service record.  In such cases, the Board relies on a presumption of regularity to support the official actions of public officers, and in the absence of substantial evidence to the contrary, the Board will presume that they have properly discharged their official duties.  Based on your Certificate of Release or Discharge from Active Duty (DD Form 214), you were discharged on 9 May 1975, with a general (under honorable conditions) characterization of service. 
 
The Board 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 2.6.  An average of 3.0 in conduct was required at the time of your separation for an honorable 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).  The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge.  The Board considered your apology for your actions while you served in the Navy; and your assertion that you were very young, and looking back on your situation you now understand that you should have respected the officer’s rank that you were in an altercation with.  You also assert you have a job that is honorable and been employed for over 40 years.  Even considering these potentially mitigating factors in accordance with the above referenced guidance, the Board concluded that these factors were not sufficient to warrant relief in your case due to the seriousness of your repeated misconduct that resulted in two SPCM convictions, and failure to attain the required average in conduct.   
 
It is regretted that the circumstances of your case are such that favorable action cannot be taken at this time.  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,