Docket No: 4422-20 
Ref:  Signature Date 
 
 
Dear : 
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 14 December 2020.  The names and votes of the panel members 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 the 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 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). 
  
You enlisted in the Navy and began a period of active duty on 1 April 1982.  During the period from 30 November 1983 to 16 March 1984, you received nonjudicial punishment (NJP) on three occasions, for two instances of disobeying a lawful order, and wrongful use of marijuana.  On 14 May 1984, you were counseled concerning your poor professional performance characterized by lackadaisical effort and minimal initiative, numerous incidents of disrespect to seniors, poor personal appearance, tardiness, and receiving NJP.  You were advised that further deficiencies in your performance or conduct could result in administrative discharge action.  On 27 May 1984, you received NJP for disrespect.  Your original service record was incomplete and did not contain any documentation pertaining to your separation from the Navy.  Absent such evidence, the Board relied on the presumption of regularity and presumed that the officials acted in accordance with governing law/policy, and in good faith.  Based on your Certificate of Release or Discharge from Active Duty (DD Form 214), on 20 June 1984, you were discharged from the Navy due to unsatisfactory performance, and failure to perform duty assignments satisfactorily, with and honorable characterization of service and an RE-4 Reenlistment code.  
 
In your petition, you request a change in your reason for separation from “unsatisfactory performance” to “early out.”  The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo.  These included, but were not limited to, your desire to change your reason for separation, and your assertions that you were offered and accepted an honorable early out, and that on your last day, the squadron yeoman informed you that your lieutenant chose to determine your reason for separation (i.e., unsatisfactory performance), and the yeoman stated that the lieutenant should not have done so.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your repeated misconduct, as evidenced by your four NJPs, one which included wrongful use of marijuana, outweighed these mitigating factors.  Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief.   
 
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,