Docket No: 7403-20
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 03 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, 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). 
 
The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the Navy on 30 September 1974.  During the period from 16 January 1976 to 7 October 1977, you received non-judicial punishment (NJP) on four separate occasions.  The offenses included 3 specifications of absence from appointed place of duty, 3 specifications of unauthorized absence (UA) totaling 57 days, failure to comply with orders, and possession of a control substance.  On 12 October 1977, you were notified of administrative separation processing by reason of misconduct due to frequent involvement with military authorities.  You initially requested to present your case to an administrative discharge board (ADB), however, you subsequently waived your right to an ADB.  As a result, your commanding officer forwarded your package to the separation authority recommending your discharge by reason of misconduct due to frequent involvement with military authorities, with a general under honorable conditions characterization of service.  The discharge authority approved this recommendation and on 4 November 1977, 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 desire to upgrade your discharge and contention that some jobs and insurance companies discriminated against you because you have a general discharge.  You further contend that all your performance evaluations were good while you were in the Navy, and you went into a UA status due to problems at home.   
 
The Board noted that there is no evidence in your record, and you submitted none, to support your contention regarding problems you were having at home which led to your UA.  The Board also noted that you initially requested an ADB but later waived your right to have an ADB.  In doing so, you gave up your first and best opportunity to advocate for retention, assistance, or a more favorable characterization of service.  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 four 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 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,