Docket No: 4506-20
   4866-18/7462-96
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 4 November 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). 
 
The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the Navy and began a period of active service on 1 October 1982. On 4 June 1983, you received nonjudicial punishment (NJP) for wrongful possession of marijuana.  On 19 September 1984, you received NJP for three specifications of unauthorized absence (UA).  On 26 December 1984, you were convicted by civil authorities for trespassing.  On 23 January 1985, you received NJP for four specifications of UA.  On the same date you were counseled that further deficiencies in your performance and/or conduct could result in administrative discharge processing. On 25 February 1985, you were convicted at summary court-martial (SCM) for wrongful appropriation of non-military personal property, in the amount of $349.  Subsequently, on 4 March 1985, you were notified of the initiation of administrative separation proceedings by reason of misconduct due to a pattern of misconuct and misconduct due to a commission of a serious offense.  You consulted with counsel and requested an Administrative Discharge Board (ADB).  The ADB adjourned on 22 March 1985, and recommended that you be discharged with an under other than honorable (OTH) characterization of service by reason of misconduct due to a pattern of misconduct.  On 12 April 1985, the discharge authority directed your OTH discharge and on 19 April 1985, you were so discharged.   
 
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 upgrade your discharge to a general characterization of service, character letters submitted on your behalf, and your contentions that: (a) your misconduct was the result of poor coping skills due to your background and associating with the wrong individuals; (b) you have accepted responsibility for your misconduct; and (c) you have engaged in good post-service conduct.  Based upon this review, the Board concluded that these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your repeated misconduct, as evidenced by your three NJPs, civilian conviction, and SCM within a 21 month period outweighed these mitigating factors.  The Board applauds your post-service conduct, but 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 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,