Docket No: 4701-20 Ref: Signature Date Dear : This letter 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 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 23 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, as well as applicable statutes, regulations, and policies. You enlisted in the Navy and began a period of active duty on 6 January 1973. On 11 June 1974 and 27 November 1974, you received non-judicial punishment (NJP) for an unauthorized absence and disobeying a superior noncommissioned officer. On 2 December 1974, you received administrative remarks counseling informing you that you were being counseled regarding the seriousness of your repeated involvement in acts which result in disciplinary action against you. You acknowledged that continued misconduct could result in an administrative discharge from the naval service. Subsequently, on 3 January 1975, you were not recommended for reenlistment or advancement. Although your administrative separation documentation is not in your service record, based on your Certificate of Release or Discharge from Active Duty (DD Form 214), you were discharged from the naval service on 3 January 1975 with a general (under honorable conditions) characterization of service. Your narrative reason for separation states burden to command due to substandard performance or inability to adapt to military service. Character of service is based, in part, on conduct and overall trait averages which are computed from marks assigned during periodic evaluations. Your conduct average was 2.7. An average of 3.0 in conduct was required at the time of your separation for a fully honorable characterization of service The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge. The Board considered your contention that your discharge was harsh and unjust. You further state that you acknowledge and accept that you made some errors of judgment while serving and the circumstances leading up to these were not totally your fault. Additionally, you noted that you have graduated from the University of and the University of and have practiced medicine in for the past 30 years; retiring 4 years ago, and that you have been married for 30 years and have three fantastic children. After careful consideration, the Board commends you for your post service conduct and achievements. However, the Board concluded these factors, which are unsupported by any independent evidence such as letters, certificates or other documentation illustrating your achievements and contribution to the community over the years since you were discharged, were not sufficient to warrant relief in your case because of the misconduct illustrated in your service record, your non-recommendation for reenlistment, and failure to attain the required conduct average. The Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to the contrary (as is the case at present), will presume that they have properly discharged their official duties. In regard to your contention that your discharge was harsh and unjust, there is no evidence in your record and you did not provide any evidence to support your contention. Accordingly, under the totality of the circumstances, the Board, in its review, determined that there was no probable material error or injustice in your discharge. It is regretted that the circumstances of your case are such that favorable action cannot be taken at this time. 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,