Docket No: 2418-20 
Ref: Signature date 
 
 
Dear : 
 
This is in reference to your application of 6 March 2020 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 12 May 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 5 February 1981.  On 6 October 1981, you received non-judicial punishment (NJP) for unauthorized absence (UA).  On 8 March 1982, you were convicted at a Summary Court Martial of UA.  Subsequently, administrative discharge action was initiated for misconduct – frequent involvement with military or civilian authorities. On 30 March 1982, you received NJP for failure to go to your appointed place of duty.   On that same day you waived your right to consult with counsel and your right to present your case to an administrative discharge board.  After being afforded all of your procedural rights, your case was forwarded to the separation authority for review.  On 2 April 1982, your Commanding Officer (CO) recommended that you receive an Under Other than Honorable Conditions (OTH) characterization of service.  On 21 May 1982, the separation authority concurred with your CO’s recommendation and directed that you be separated with an OTH characterization of service.  On 28 May 1982, your CO changed his recommendation, now recommending that you receive a General discharge and the separation authority hold your discharge in abeyance.  On 23 November 1984, 28 February 1985 and 14 March 1985, you received additional NJPs.  You were discharged with a General (under honorable conditions) characterization of service on 24 April 1985. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge, and assertions that your discharge was based on low evaluations and marks and you were subjected to racism and prejudice.  Although your complete administrative separation documentation was not included in your record, based on your DD Form 214, you were discharged with a General characterization of service at the conclusion of your enlistment with an RE-4 reentry code and “LBK” separation code. Given your five NJPs and your SCM, the Board concluded that your current characterization does not reflect an error or injustice that merits corrective action. 
 
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, 
 
6/27/2020