Docket No: 10228-18 
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 that 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 8 January 2020.  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 23 September 1974.  On 15 December 1975, you received a mark of 2.6 in professional performance, 2.0 military behavior, and 2.8 in adaptability.  On 29 May 1975, you requested a hardship discharge from the naval service due to “financial problems” and separation from your family.  On 10 June 1975, your request was denied because it was not considered to be financial in nature.  On 16 December 1975, you received non-judicial punishment (NJP) for two periods of unauthorized absence (UA) on 2 and 5 December 1975.  On 4 October 1976, you again absented yourself without authorization and remained absent until 3 November 1976.  On 8 November 1976, you were counseled regarding your continued misconduct and deficiencies in military behavior.  On 19 November 1976, you received NJP for the aforementioned 30-day UA, and were notified that you were being considered for discharge from the naval service with a general (under honorable conditions) (GEN) characterization of service for the convenience of the government (COG).  On 23 November 1976, you were discharge with a GEN characterization of service by reason of COG. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, and your contention that you received various awards during your service, that you regret the decisions you have made, and that you are a “peaceful law abiding citizen.”  Your characterization of service encompasses a review of your entire record, weighing significant positive and negative aspects of your overall service record.  Accordingly, the Board, in its review of your naval record, determined that you were assigned the appropriate characterization of service, and discerned no impropriety or inequity in the discharge. 
 
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 the submission of new matters, which will require you to complete and submit a new DD Form 149.  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.