Docket No: 6077-20 
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 29 January 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 8 December 1981.  On the same date, you completed a Report of Medical History and claimed to be in excellent health and reported no surgeries.  On 27 December 1982, you were seen at the USS Medical Department complaining of left knee pain, at which time you claimed to have had corrective knee surgery.  On 04 January 1983, you began a period of unauthorized absence (UA) which lasted 18 days.  On 24 January 1983, you requested to be seen by a medical officer regarding multiple work problems and stated that you went into a UA status as a consequence of dissatisfaction with your job.  On 15 February 1983, you were seen by a medical officer and requested to be administrative separated due to your physical and psychological problems.  On 18 February 1983, you received nonjudicial punishment (NJP) for UA and missing ship’s movement.  On 30 March 1983, you completed a second Report of Medical History and reported that you had surgery on your left knee at age twelve.  On 14 April 1983, you were counseled for substance abuse, and you were notified further deficiencies may result in the initiation of administrative separation proceedings.  On 18 April 1983, you underwent a medical evaluation, and the medical officer recommended your enrollment in the Navy Alcohol and Drug Safety Action Program (NDSAP).  On 16 May 1983, you began a second period of UA which lasted 92 days and ended with your apprehension by civilian authorities.  On 5 September 1983, you began a third period of UA which lasted one-day.  On 29 September 1983, you received a second NJP for two specifications of UA and drug abuse.  On 14 October 1983, you were referred to outpatient counseling for drugs and alcohol abuse.  On 18 October 1983, your commanding officer (CO) recommended your discharge by reasons of commission of a serious offense.  On the same date, you signed a statement of awareness waiving all your rights.  On 7 November 1983, you received a third NJP for two specifications of drug abuse and wrongful possession of marijuana.  On 8 November 1983, the separation authority directed your discharge with an other than honorable characterization of service by reason of misconduct.  You were discharged on 28 November 1983. 
 
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 in extreme pain as a result of a knee injury you suffered aboard the USS , and your post-service activities.  The Board noted you did not submit any documentation or advocacy letters to be considered in support of your petition.  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, 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,