Docket No: 7548-20 
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 27 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, 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 4 to 22 October 1975. You received non-judicial punishment (NJP) three times.  The offenses included, disrespect to a petty officer, failure to go to an appointed place of duty, two specifications of absence from an appointed place of duty, three specifications of misbehavior of a sentinel, two specifications of sleeping on watch, and two specifications of failure to obey a lawful order.  Subsequently, you were notified of pending administrative separation action by reason of unfitness due to frequent involvement with military authorities.  After you waived your rights, your commanding recommended that you receive a general discharge under honorable conditions by reason of unfitness due to frequent involvement with military authorities.  The discharge authority approved the recommendation.  Prior to your discharge, on 2 February 1976, you received an additional NJP for being in a UA status totaling 66 days.  On 5 February 1976, 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 character letters, your desire to upgrade your discharge, and contentions that you have been employed at  for 16 years, received several safety awards, have been married for 20 years, and have been trouble free since your discharge.  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,