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

Docket No: 8431-17 
APR 08 2019 

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 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 apd consider your application on its merits. A three­member panel of the Board for Conection of Naval Records, sitting in executive session, considered your application on 19 December 2018. 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 fn support thereof, relevant portions of your naval record, and applicable statutes, regulations, and policies. 

Regarding your request for a personal appearance, the Board detem1ined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 

You enlisted in the Navy and began a period of active duty on 20 February 1969. On 21 January 1970, you received non-judicial punishment (NJP) for disobedience of superior petty officer. On 9 March 1970, you received NJP for two periods of unauthorized absence. On 14 August 1970, you again received NJP for willful disobedience of a lawful order from commissioned officer, disrespect in language toward commissioned officer, willful disobedience of a lawful order from superior petty officer, disrespect in language toward superior petty officer and resisting iawful apprehension. Subsequently, on 2 November 1970, you were discharge with a general characterization of service and transferred to the Naval Reserve. On 19 February 1975, you were discharged from the Naval Reserve with a general characterization of service by reason of expiration of enlistment/fulfillment of service obligation. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge. The Board considered your contention that you were young and had a temper at that time. Since then you have matured and have been a good citizen in the community. While it recognized that your post service conduct is commendable, the Board concluded that these factors were not sufficient to wairnnt relief because of the seriousness of your repeated misconduct that resulted in three NJPs. After a thorough review of the facts and circumstances unique to your case, the Board discerned no impropriety or inequity in the discharge action that would warrant a change in your characterization of service. 

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 impmiant 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, 

Executive Director