DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 9605-17 Ref: Signature date Dear This letter 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 for Correction of Naval Records (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, sitting in executive session, considered your application on 12 March 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 on 16 February 1982. During the period from 15 March 1983 to 2 October 1985, you received nonjudicial punishment (NJP) four times, for dereliction of duty, two instances of disobeying a lawful order and disrespect toward an NCO. On 14 February 1986, you were released from active duty, transferred to the Naval Reserve, and received a general under honorable conditions characterization of service. The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contention that your discharge should be honorable because you never went to Captain’s Mast or received NJP. However, the Board concluded that these factors were not sufficient to warrant upgrading your discharge given your misconduct on active duty and the marks you received at discharge. The Board noted character of service is based, in part, on conduct and overall trait averages which are computed from marks assigned during periodic evaluations. Your conduct average was 2.8. An average of 3.0 in conduct was required at the time of your separation for an honorable characterization of service. In regard to your contention that your discharge should be honorable because you never went to Captain’s Mast or received NJP, the Board noted that the record contains documented evidence which is contrary to your contention. The record shows that you received four NJPs during your service prior to being released from active duty. 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 submitted to, or considered by, the Board. In this regard, it is important to keep in mind that a presumption of applying for correction of an official naval record, the burden is on the applicant to demonstrate the existence of the probable material error or injustice. Sincerely, 6/17/2019