DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 713-16 JAN 03 2017 Dear This is in reference to your application for correction of your naval record pursuant to the provisions oftitle 10 of the United States Code, section 1552. 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 ofthe Board for Correction ofNaval Records, sitting in executive session, considered your application on 9 September 2016. The names and votes ofthe members of the panel will be furnished upon request. Your allegations oferror and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings ofthis Board. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. After careful and conscientrous consideration ofthe entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice. You enlisted in the Navy and began a period of active duty on 29 December 1970. On 18 February 1971and23 September 1972, you received nonjudicial punishment (NJP) for two specifications ofconduct prejudicial to good order and discipline and dereliction ofduty. You w~re counseled and notified ofyour deficiencies and advised ofrecommended corrective action ana,{lvailable assistance. You were warned that failure to adhere to the counseling/warning may be grounds for administrative separation action. Although your record is incomplete, an Administrative Remarks entry, dated 31 January 1973, indicates that you voluntarily accepted a General (under honorable conditions) discharge by reason of Convenience ofthe Government. On 12 February 1973, you were so discharged. At the time ofyour discharge, you had an overall trait average of2.67. The Board, in its review ofyour application and record, although incomplete, carefully considered your desire to upgrade your discharge in order to qualify for insurance. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge, given your two NJPs and your OTA at the time of your discharge. In this regard, character of service is often based, in part, on the OTA, computed from marks assigned on a periodic basis. Your OTA was 2.67, which was below the OTA of3.0 required at the time ofyour separation in order to receive a fully honorable characterization ofservice. Accordingly, your application has been denied. It is regretted that the circumstances ofyour case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon submission ofnew and material evidence within one year from the date ofthe Board's decision. New evidence is evidence not previously considered by the Board prior to making its decision in your case. In this regard, it is important to keep in mind that a. presumption ofregularity attaches to all official records. Consequently, when applying for a correction ofan official naval record, the burden is on the applicant to demonstrate the existence ofprobable material error or injustice. Sincerely, Executive Director