DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 2724-21 
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 24 May 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 U.S. Navy Reserves on 28 January 1977. On 7 March 1978, you received your first non-judicial punishment (NJP) for falsely using with intent to deceive an official, an ID card and Driver’s License of another Sailor. On 3 April 1978, you absented yourself from your command until you surrendered on 4 April 1978. Subsequently, on 17 April 1978, you received your second NJP for being in an unauthorized absence status (UA) and failure to obey a lawful order. Additionally, you received an administrative counseling entry for your military behavior, and were advised that any further misconduct of discreditable nature may be grounds for processing for administrative separation. On 7 June 1978, you received your third NJP for failure to go to your appointed place of duty, disobeying a lawful order by your superior petty officer, and disrespect towards your superior commissioned officer. In June 1978, you were notified of pending administrative separation by reason of misconduct, specifically, frequent involvement of a discreditable nature with military authorities, at which time, you waived your procedural rights to an administrative discharge board. Further, you were notified of the Commanding Officer’s intent to recommend that you be discharged with a general, under honorable conditions (GEN) characterization of service. On 11 July 1978, the discharge authority directed discharge with a GEN characterization of service by reason of misconduct. On 21 August 1978, you were discharged with a GEN characterization of service. 

The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contentions that your superiors told you a GEN would automatically convert to an Honorable after six (6) months of separation from service and you were misled by your recruiter who told you that you had to wait until you finished boot camp to choose a school for a trade. The Board concluded there was insufficient evidence of an error or injustice that warrants granting clemency in the form of an upgraded characterization of service. 

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 characterization of service based on your desire to get USAA insurance and your contentions above. The Board further noted you did not submit advocacy letters or post-service documents to be considered for clemency purposes. Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief. Specifically, the Board determined that your repeated 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, 
6/3/2021 

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