Docket No: 0064-20 
Ref: Signature Date 
 

 
Dear  : 
 
This letter 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 that the evidence submitted was 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 28 October 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, as well as applicable statutes, regulations, and policies. 
 
You enlisted in the Navy and began a period of active duty on 19 June 1972.  On 7 November 1972, you received non-judicial punishment (NJP) for three specifications of unauthorized absence.  On 9 February 1973, you received your second NJP for larceny. Unfortunately, your administrative separation documents are not in your service record.  However, the record contains an administrative counseling stating that you accepted a general (under honorable conditions) characterization of service discharge.  Additionally, based on your Certificate of Release or Discharge from Active Duty (DD Form 214), you were discharged from the naval service on 19 March 1973, by reason of early separation under an authorized program, with a general (under honorable conditions) characterization of service.   
 
The Board noted that character of service is based, in part, on conduct and overall trait averages which are computed from marks assigned during periodic evaluations.  Your conduct (military behavior) average was 2.4 at the time of your separation.  An average of 3.0 in conduct was required at the time of your separation for an honorable characterization of service. The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and remove your reenlistment code.  The Board considered your contention that you were a minor when you enlisted into the naval service.  You state that your guardian provided you with alcohol and other substances that led to your addictions and discharge.  You further assert that you made mistakes, but your guardian made many more and you were the only one punished.  
 
The Board relies on a presumption of regularity to support the official actions of public officers, and in the absence of substantial evidence to the contrary (as is the case at present), will presume that they have properly discharged their official duties.  Unfortunately, after careful consideration of your contention, the Board did not find evidence of an error or injustice; nor did the Board find sufficient evidence to warrant clemency warranting removal of your reenlistment code or upgrading your characterization of service.  
 
It is regretted that the circumstances of your case are such that favorable action cannot be taken at this time.  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,