Docket No: 10410-18 
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 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 November 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 on 1 September 1978.  During the period from 28 May 1979 to 
3 March 1982, you received three non-judicial punishments (NJP) for two specifications of unauthorized absence (UA) totaling 32 days, wrongful possession of marijuana, and disobeying a lawful order.  You were also in a UA status for six days; however, the disposition was not listed in your record.  On 1 July 1982, you were convicted by summary court-martial (SCM) of 18 specifications of UA and 2 specifications of disobeying a lawful order.  Subsequently, you were notified of pending administrative separation action by reason of misconduct due to frequent involvement with military authorities.  After you waived your rights, your commanding officer (CO) recommended discharge under other than honorable (OTH) conditions.  The discharge authority approved this and directed separation under other than honorable conditions by reason of misconduct.  On 8 September 1982, you were discharged. 
 
The Board carefully weighed all potentially mitigating factors, such as character letters, information from the Department of Veterans Affairs (VA), your request to upgrade your discharge and contentions that you served your entire four-year enlistment, you received two medals, you worked as a branch manager, general manager, owned a business helping others, and you need VA benefits.  In this regard, the Board concluded that seriousness of your misconduct outweighed your mitigating factors. 
 
In regard to your contentions that you served your entire four-year enlistment and received two medals while on active duty, the Board noted that a Sailor’s service is characterized at the time of discharge based on performance during the current enlistment.  In regard to your contention that you worked as a branch manager, general manager, and owned a business helping others after being discharged, the Board noted while commendable, your post service conduct does not excuse your conduct while enlisted in the Navy or the basis for your discharge.  In regard to your contention that you need VA benefits, eligibility for benefits is a matter under the cognizance of the VA, and you may be eligible based on a limited period of honorable service. 
 
Although your application indicated you submit VA records related to your father as evidence, the Board did not receive such records and no determination was made based on VA records. 
 
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.