DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 9384-17 Ref: Signature date 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 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 11 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, as well as applicable statutes, regulations, and policies. You enlisted in the Navy and began a period of active duty on 21 August 1972. You served for nearly five months without disciplinary incident, but during the period from 17 January 1973 to 28 June 1973, you received nonjudicial punishment (NJP) on three occasions. Your offenses were unauthorized absence (UA) from your unit for periods totaling eight days, failure to go to your appointed place of duty and making a false official statement. Subsequently, you were notified of pending administrative separation by reason of unsuitability due to financial irresponsibility. Your commanding officer recommended discharge under honorable conditions by reason of unsuitability. On 1 March 1974, you received NJP for UA from your unit for four days and making a false official statement. The discharge authority approved your commanding officer’s recommendation and directed separation under honorable conditions by reason of unsuitability. While awaiting discharge on 30 April 1974, you once again received NJP for UA from your unit for 18 days. On 3 May 1974, you were discharged. The Board carefully weighed all potentially mitigating factors including your desire to upgrade your characterization to honorable and that you want your full benefits. The Board concluded these factors were not sufficient to warrant relief in your case because of your repeated misconduct that resulted in five NJPs. The Board noted that you were counseled for numerous letters of indebtedness and felt that your record both clearly reflected your willful misconduct and demonstrated you were unfit for further service. Finally, there is no provision of law or in Navy regulations that allows for recharacterization of service due solely to the passage of time. The Board in its review discerned no material error or injustice in the discharge or the characterization of service. It is regretted that 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 matters. New matters are those not previously presented to or 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, 5/17/2019