DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8963-17 Ref: Signature date Dear : This is in reference to your application for correction of your naval record pursuant Title 10, United States Code, Section 1552. After careful and conscientious consideration of the entire record, the Board found the evidence submitted insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. Although you did not file your application 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 6 February 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 and applicable statutes, regulations and policies. You enlisted in the Navy and began a period of active duty on 6 August 1974. During the period from 10 December 1974 to 18 May 1976 you received three nonjudicial punishments (NJP) for willful disobedience of a lawful order, dereliction of duty, and four specifications of unauthorized absence (UA). On 12 August 1975, 10 November 1976, and 23 February 1977 you were counseled and warned that a continuation of your past performance may ultimately disqualify you from receiving an honorable discharge, and that if your behavior did not improve you could be processed for an undesirable discharge by reason of misconduct due to frequent involvement of a discreditable nature with civil or military authorities. On 8 April 1977, you were found guilty of four specifications of UA at a Special Court-Martial (SPCM) and sentenced to reduction to E-1, confinement with hard labor for three months, and forfeiture pay ($125.00 a month) for three months. On 19 May, you were notified that you were to be separated from the Navy with a general discharge by reason of convenience of the government. On 20 May 1977, you were released from confinement with the unserved portion of your sentence remitted and you received a general discharge. The Board carefully weighed all potentially mitigating factors and your record of service, including your desire to upgrade your discharge to honorable, that you would like to be able to display an honorable discharge certificate in your home, and your contention that your unit confined you for "safekeeping, but after a period of time you left." The Board concluded these factors were not sufficient to warrant a change to your discharge given your repeat misconduct which resulted in three NJPs and a SPCM. In regard to your contention, the Board found no inequity or injustice in your NJPs, SPCM, or discharge. The Board noted that two of your NJP sentences included correctional custody, and that as a result of your SPCM conviction, you were confined until the date of your discharge. Regrettably, the circumstances of your case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon 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, 4/18/2019 Executive Director 2