Docket No: 5209-20 
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 was denied.     
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue(s) involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
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 November 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 9 November 1979, and signed the US Navy policy on drug abuse.  On 21 March 1980, nonjudicial punishment (NJP) was imposed on you for sleeping on duty, and for a 50 minute unauthorized absence (UA).  On 9 April 1980, NJP was imposed on you for larceny, and a two-hour UA.  On 26 June 1980, NJP was imposed on you for violation of a lawful order and UA.  On 21 July 1980, NJP was imposed on you for failure to go to your appointed place of duty.  On 22 April 1981, NJP was imposed on you for wrongful possession of marijuana.  On 16 November 1981, NJP was imposed on you for UA.   

On 17 November 1981, administrative separation action was initiated against you for Frequent Involvement of Discreditable Nature with Military Authorities. You waived your right to counsel and to an administrative board.  On 3 December 1981, your Commanding Officer recommended you be administratively separated with an under other than honorable (OTH) conditions.  On 10 December 1981, the Separation Authority directed your administrative separation, and on 22 December 1981, you were discharged with an OTH characterization of service.   
 
You requested an upgrade of your discharge.  You stated you requested to leave the Navy early to see your son’s birth and were given an early discharge.  You asserted you did not know, nor were you informed, that your discharge was an OTH.  You also asserted that you signed the necessary documents and were escorted off base by military police, but never heard of an OTH. Finally, you assert that you have myelofibrosis.   
 
The Board concluded these assertions were not sufficient to warrant a change to your discharge status, given your misconduct which resulted in six NJPs.  The Board noted that you waived your rights with regard to discharge proceedings.  The Board also noted that your Statement of Awareness and Request for, or Waiver of Privileges, dated 17 November1981, specifically stated the discharge could be under OTH conditions.   
  
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,