Docket No: 5244-20 
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.     
 
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 27 August 1981.  On 10 July 1981, and 13 June 1983, you signed the US Navy policy on drug abuse.  On 16 January 1984, you began a period of unauthorized absence and missed the sailing of USS .  You surrendered on 27 January 1984.  On 16 March 1984, you were convicted at a Summary Court-Martial (SCM) of Missing Movement, and Wrongful Drug Use and Possession of Marijuana.  On 12 July 1984, nonjudicial punishment (NJP) was imposed on you for three unauthorized absences.  Subsequently, you were notified pf administrative separation action by reason of Misconduct due to Commission of Serious Offense and Drug Abuse.  On 14 July 1984, you waived your right to counsel and to an administrative board.  On 3 August 1984, your Commanding Officer recommended you be administratively separated under Other than Honorable Conditions (OTH) conditions.  On 9 August 1984, the Separation Authority directed your administrative separation with an OTH discharge.  On 16 August 1984, you were discharged.   
 
You requested an upgrade of your discharge to General.  You asserted you were told at the time of your discharge that you could have it upgraded after a six-month period, but life got in the way.  You also asserted you served your country with honor and pride and worked as a seaman recruit in the barbershop after your recruiter promised you could get training as Torpedoman’s mate.  You also asserted you were never offered this position once you took the Armed Services Vocational Aptitude Batter testing and ended up with on the job training.  Finally, you asserted this was not what was promised and caused you to have difficulty after long service times in the hull of the ship.  The Board concluded these factors and assertions were not sufficient to warrant a change to your misconduct, which resulted in NJP and a SCM conviction.  The Board noted that you waived your rights with regard to discharge proceedings.   Further, there is no provision of law or in Navy regulations that allows for automatic re-characterization of service after a six-month period.  
  
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,