Docket No: 2007-20
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 18 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 to include the 25 July 2018 Under Secretary of Defense Memo on Guidance to Military Discharge Review Boards and Boards for Correction of Military / Naval Records Regarding Equity, Injustice, or Clemency Determinations. 
 
You reenlisted in the Navy on 14 March 1983.  During the period from 26 October 1983 to 13 June 1984, you received four non-judicial punishments (NJP) for sleeping on watch, three specifications of absence from appointed place of duty, and obstruction of justice.  Subsequently, you were notified of pending administrative separation action by reason of misconduct due to a pattern of misconduct.  After waving your rights, your commanding officer (CO) recommended discharge under other than honorable (OTH) conditions by reason of misconduct due to a pattern of misconduct.  The discharge authority approved this recommendation and directed separation under other than honorable conditions by reason of misconduct.  However, on 17 August 1984, you received an additional NJP for absence from appointed place of duty, unauthorized absence for six days, and failure to pay just debt.  On 21 August 1984, you were discherged.
  
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, and your contentions that you were not treated fair, were mishandled as an E-5, blackballed, had paperwork proving you were hospitalized when the command charged you with being in a UA status, and you never saw documentation showing your misconduct.  The Board also noted your contentions that you completed your first enlistment without any misconduct and you did everything that was asked of you prior to discharge.  In this regard, the Board concluded that your repeated misconduct outweighed your desire to upgrade your discharge.  
 
Regarding your contention that you were not treated fair, were mishandled as an E-5, blackballed, had paperwork proving you were hospitalized when the command charged you with being in a UA status, and you never saw documentation showing your misconduct, the Board noted that there is no evidence in your record, and you submitted none, to support your contentions.  The Board also noted that the record shows that you were notified of and waived your right to present your case to an administrative board (ADB).  Regarding your contention that you completed your first enlistment without any misconduct and you did everything that was asked of you prior to discharge, the Board noted that a Sailor’s service is characterized at the time of discharge based on performance during the current enlistment.   
 
In reviewing 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).    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,