Docket No: 5845-20 
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 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 19 February 2021.  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, 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 28 July 1972.  On 16 February 1973, you were credited with service aboard the during the Vietnam conflict.  On 18 June 1973, you began a period of unauthorized absence (UA) which lasted seven days.  On 13 July 1973, you received nonjudicial punishment (NJP) for that UA.  On 1 October 1973, you began a second period of UA which lasted one day.  On 28 October 1973, you began a third period of UA which lasted 22 days, and resulted in your apprehension by civilian authorities.  On 3 December 1973, you sent a written letter to Congressmen  requesting assistance with a possible discharge from service.  On 2 January 1974, your commanding officer (CO) responded to an inquiry from Congressmen  regarding your situation, and informed him about your disciplinary issues.  On 8 January 1974, you received a second NJP for your 28 October 1973 UA.  On 4 August 1974, you began a fourth period of UA which lasted two days.  On 18 August 1974, you began a fifth period of UA which lasted 30 days.  On 26 August 1974, and on 6 September 1974 you missed the sailing of your ship.  On 15 October 1974, you began a sixth period of UA which lasted one day.  On 21 October 1974, you wrote a second letter to Congressmen  requesting assistance with family issues and a potential discharge from service.  On 29 October 1974, you were convicted by a summary court-martial (SCM) for your two instances of missing your ship’s movement.  On 26 November 1974, your CO responded to a second inquiry from Congressmen and informed him about your SCM conviction, and the initiation of administrative discharge proceedings.  On 27 November 1974, you were counseled for poor performance and notified that further deficiencies might result in an undesirable discharge.  On 3 December 1974, your CO notified you that you were being recommended for a general discharge by reason of unfitness due to frequent involvement of a discreditable nature with military authorities.  You waived your procedural rights.  On 11 December 1974, you were 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 contention that you were a young sailor, you were afraid, and you were suffering from mental distress by being uncertain about your family’s future.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your repeated misconduct, as evidenced by your NJPs and SCM, outweighed these mitigating factors.  Accordingly, 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, 
2/25/2021
Executive Director