Docket No: 0806-20 
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 the entire record, the Board for Correction of Naval Records (Board) found 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 4 November 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 service on 2 February 1981.  On 10 June 1981, you received non-judicial punishment (NJP) for three specifications of unauthorized absence (UA), and you were counseled regarding your misconduct.  On 19 August 1981, you received NJP for two specifications of UA, and you were counseled regarding your misconduct.  On 25 May 1982, you received NJP for three specifications of UA, and possession of marijuana.  Subsequently, on 1 June 1982, you were notified of the initiation of administrative separation proceedings by reason of misconduct due to frequent involvement of a discreditable nature with military and civil authorities, at which point, you waived your right to consult with counsel and your right to a hearing before an administrative discharge board.  On the same day, you submitted a voluntary request for early return to civilian life, and it was approved.  On 4 June 1982, you underwent a substance abuse evaluation and you were determined to be not drug dependent.  On 14 June 1982, your commanding officer forwarded your package to the convening authority recommending your discharge from naval service by reason of misconduct due to frequent involvement of a discreditable nature with military and civil authorities, with an other than honorable (OTH) characterization of service.  On 28 June 1982, the discharge authority approved the recommendation and you were so discharged on 14 June 1982. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contention that you were informed your discharge would be upgraded automatically after six months.  Please note that there is no provision of law or in Navy regulations that allows for re-characterization of service to be automatically upgraded after six months.  After careful consideration of your contentions, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service. 
 
The Board also reviewed your application under the recent guidance provided in the Under Secretary of Defense’s memorandum dated 25 July 2018 entitled, “Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations” (USD Memo).  The purpose of the USD Memo is to ease the process for veterans seeking redress and assist Boards for Correction of Military/Naval Records (BCM/NRs) “in determining whether relief is warranted on the basis of equity, injustice, or clemency.”  The USD Memo sets clear standards and principles to guide BCM/NRs in application of their equitable relief authority, and further explains that boards shall consider a number of factors to determine whether to grant relief.  However, even in light of the USD Memo, the Board still concluded given the totality of the circumstances, your request does not merit relief. 
 
It is regretted that the circumstances of your case are such that favorable action cannot be taken.  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,