Docket No: 2106-20  
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 9 September 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 and began a period of active duty on 10 November 1972.  On 30 November 1972, you disclosed your pre-service marijuana use.  From the period beginning on 23 August 1973 to 31 August 1974, you received non-judicial punishment (NJP) on three occasions for the following offenses:  three specifications of unauthorized absence (UA), and smoking a cigarette under the captain’s gig.  On 1 March 1975, you were assigned a mark of 2.8 in professional performance.  On 23 April 1975, you received NJP for UA.  On 10 July 1975, your recommendation for advancement was withdrawn due to your poor military behavior.  On 31 July 1975, you were assigned a mark of 2.6 in military behavior, and 2.8 in military appearance.  On 10 October 1975, you received NJP for violation of a lawful order, and possession and use of marijuana.  On 11 October 1975, you were counseled regarding your misconduct and notified that further misconduct may result in the initiation of administrative separation proceedings.  On 18 May 1976, you received NJP for UA.  On 17 November 1976, you were discharged with a general characterization of service and transferred to the naval reserves. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contention you volunteered and served your complete enlistment honorably.  The Board reviewed the material that you submitted with your application.  Please note that characterization of service refers to the quality of an individual’s military service.  Your characterization encompasses a review of your entire record, weighing significant positive and negative aspects of your overall service record.  A general characterization is awarded when significant negative aspects of the member's conduct or performance outweigh positive aspects of their conduct or performance.  The Board in its review, determined you were assigned the appropriate characterization of service based on your military record. 
  
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,