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

Docket No: 8852-17            
 Date: Ref Signature 

This is in reference to your application for correction of your naval record pursuant to the provisions of 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 and consider your application on its merits.  A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 January 2019.  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, applicable statutes, regulations, and policies. 

You enlisted in the Navy and began active duty on 10 July 1972. During the periods from 27 December 1972 to 1 January 1973, and 7 to 25 February 1973, you were in an unauthorized absence (UA) status totaling 23 days. On 27 February 1973, you received non-judicial punishment (NJP) for the aforementioned two periods of UA.  On the same day, you underwent a medical evaluation, and were diagnosed with immature personality disorder – existed prior to enlistment (EPTE).  On 28 February 1973, you were notified of administrative separation processing due to immature personality – EPTE by reason of unsuitability and waived your procedural right to make a statement on your behalf.  On 12 March 1973, the discharge authority directed discharge by type warranted by your service record.  Prior to your discharge, you received NJP on 15 March 1973, for two specifications of UA.  On 20 March 73, you were discharged with a general (under honorable conditions) character of service.   

The Board carefully weighed all potentially mitigating factors, such your desire to upgrade your discharge and contention that your discharge was inequitable because it was based on two isolated incidents in 7 months of service with no other adverse actions.  The Board determined, these factors were not sufficient to warrant relief in your case given your repeated UA which resulted in two NJPs.  Additionally, character of service is based, in part, on conduct and overall trait averages (OTA) which are computed from marks assigned during periodic evaluations.  Your OTA was 2.15.  An OTA of 2.7 was required at the time of your discharge for a fully honorable characterization of service. In regards to your contention, there is no precedent within this Board’s review, for minimizing the “isolated incidents.” As with each case before the Board, the seriousness of a single act must be judged on its own merit; it can neither be excused nor extenuated solely on its isolation.  The Board in its review discerned no impropriety or inequity in your 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 of probable material error or injustice.


Sincerely, 


4/29/2019