Docket No: 7612-20 
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 5 April 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 18 January 1979.  From 19 October 1979 to 18 August 1981, you committed various degrees of misconduct, specifically, being in an unauthorized absence (UA) status on seven (7) different occasions, missing a ship movement, failing to obey orders, disrespect, breach of peace, and provoking speeches and gestures.  As a result of your misconduct, you received four (4) non-judicial punishments (NJP) and two (2) separate counseling entries for misconduct, advising you that further action may result in administrative separation with an other than honorable characterization of service (OTH).  On 2 September 1981, you were convicted at a Summary Court-Martial for three (3) specifications of unauthorized absence and three (3) specifications of disobeying orders.  You were sentenced to hard labor without confinement for thirty (30) days.  On 16 September 1981, you were notified of pending administrative separation by reason of misconduct due to frequent involvement of discreditable nature with military authorities, at which point, you waived your procedural rights.  Further, you were notified of the commanding officer’s intent to recommend to the discharge authority that you be discharged with an OTH characterization of service.  On 21 September 1981, the discharge authority directed discharge with an OTH characterization of service by reason of misconduct.  On 5 October 1981, you were discharged with an OTH characterization of service.    
 
The Board carefully reviewed your application and 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 your contentions that you lacked discipline and did not know what you were getting into.  The Board further considered your remorse, your willingness to take responsibility for your misconduct, and your statement that you have become a better person.  However, the Board noted that you did not did not submit advocacy letters or post-service documents to be considered for clemency purposes.  Even applying liberal consideration, the Board determined there was insufficient evidence of an error or injustice that warrants an upgrade to your 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 misconduct 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,