Docket No: 1182-20
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 for Correction of Naval Records, 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, and applicable statutes, regulations, and policies. 
 
You enlisted in the Navy on 20 June 1977.  During the period from 3 November 1977 to 28 May 1980, you received 10 non-judicial punishments (NJP) for the following: possession of marijuana, six specifications of failure to obey a lawful order, disobeying a lawful order, two specifications of possession of hashish, 57 specifications of absence from appointed place of duty, and unauthorized absence (UA) for one day.  You also received additional NJPs for disrespect toward a superior petty officer, two specifications of disrespectful in language toward a petty officer, possession of a pair of nun-chucks onboard ship, resisting apprehension, two specifications of larceny of government property, conspiracy, and concealing official papers.  Subsequently, you were notified of pending administrative separation action by reason of misconduct due to frequent involvement with military authorities.  After you waived your rights, your commanding officer (CO) recommended discharge under other than honorable (OTH) conditions by reason of misconduct due to frequent involvement with military authorities.   
The discharge authority approved this recommendation and directed separation under other than honorable conditions by reason of misconduct.  On 16 December 1980, you were discharged.   
 
The Board carefully weighed all potentially mitigating factors, such as your post-service conduct, your desire to upgrade your discharge, contentions that it has been 40 years since your discharge, you were young and naïve, and you stood many watches and never forsook your duties.  The Board also noted your contentions that you have been self-employed since 1996, married for 38 years, raised three children, have 11 grandchildren, coach three state champion wrestlers, and became a 2nd don black belt instructor.  In this regard, the Board concluded that the seriousness and frequency of your misconduct outweighed your desire to upgrade your discharge.    
 
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 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,