DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 2252-17 AUG 2 2 2018 Dear This is in reference to your application for correction ofyour naval record pursuant to the provisions of title 10 of the United States Code, section 1552. After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence ofprobable 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 threemember panel ofthe Board for Correction ofNaval Records, sitting in executive session, considered your application on 23 May 2018. The names and votes of the members ofthe 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, relevant portions ofyour naval record, and applicable statutes, regulations, and policies. You enlisted in the Navy and began a period of active duty on 30 August 1974. You served for eight months without disciplinary incident, but during the period from 23 April 197 5 to 20 April 1977, you received nonjudicial punishment (NJP) on four occasions. Your offenses were wrongful possession ofmarijuana, sleeping on watch, failure to go to your appointed place ofduty, failure to obey a lawful order, disrespect toward a noncommissioned officer, unauthorized absence (UA) from your unit for periods totaling 43 days, missing ship's movement and failure to go to restricted men's muster. Subsequently, you were notified of pending administrative separation by reason of misconduct due to a pattern of misconduct at which time you waived your procedural right to present your case to an administrative discharge board (ADB). Your commanding officer recommended discharge under honorable conditions by reason ofmisconduct due to a pattern ofmisconduct. The discharge authority approved this recommendation and directed separation under honorable conditions by reason ofmisconduct, and on 27 September 1977, you were discharged. Characterization ofservice is based in part on conduct and proficiency averages computed from marks assigned on a periodic basis. Your conduct average was 2.5. At the time of your service, a conduct average of 3 .0 was required for a fully honorable characterization of service. The Board carefully weighed all potentially mitigating factors, including your contention that your commanding officer explained that you would be honorably discharged after six months of good behavior. The Board concluded these factors were not sufficient to warrant relief in your case because of your repeated misconduct that resulted in four NJPs and failure to attain the required average in conduct. In regard to your contention, there is no provision of law or in Navy regulations that allows for recharacterization of service due solely to the passage oftime or good conduct in civilian life subsequent to leaving naval service. The Board in its review discerned no impropriety or inequity in the discharge. It is regretted that the circumstances of your case are such that favorable action cannot be taken at this time. You are entitled to have the Board reconsider its decision upon the submission of new and material evidence. New evidence is evidence not previously 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 ofprobable material error or injustice. Sincerely, Executive Director