Docket No:  5306-20 
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 21 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 26 October 1982.  On 27 October 1982, you were briefed on the Navy’s polity regarding drug and alcohol abuse.  On 7 June 1983, you received nonjudicial punishment (NJP) for 38 days of unauthorized absence (UA).  On 1 September 1983, you were counseled regarding your failure to responsibly respond to your military duties.  You were warned that failure to correct your deficiencies could result in administrative discharge action.  On 15 September 1983 and 7 February 1984, you received NJP for a one-day period of UA and 86 days of desertion.  On 14 February 1984, you were notified of administrative discharge action by reason of misconduct due to commission of a serious offense and a pattern of misconduct.  After being afforded you procedural rights, you elected to waive your right to have your case heard before an administrative discharge board.  On 23 February 1984, you received NJP for being absent from your appointed place of duty, and wrongful use of marijuana.  On 22 April 1984, you case was forwarded to the separation authority with the recommendation that you received and other than honorable (OTH) discharge.  On 26 April 1984, the separation authority directed that you receive an OTH discharge due to a pattern of misconduct.  On 7 May 1984, you were discharged from the Navy with an OTH characterization of service. 
  
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: (a) your statement that you were told that if you agreed to be discharge with an OTH discharge, and if you did not get into any trouble, you characterization of service would change to honorable; (b) your assertion that you did not get into any trouble, have ran your own contracting business for over 30 years, been married for almost 30 years, raised two children, have been involved in the community, and have other post service accomplishments.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your misconduct, as evidenced by your four NJPs, and the fact that you were warned of the consequences of further misconduct after your first NJP outweighed these mitigating factors.  Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief.  Further, there is no provision of law or in Navy regulations that allows for recharacterization of service due solely to the passage of time. 
   
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,