Docket No: 10520-18                                          
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 25 September 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 26 January 1970.  During the period from 19 November 1970 to 13 July 1971, you received nonjudicial punishment (NJP) on two occasions and were convicted by special court-martial (SPCM).  Your offenses included unauthorized absences (UA) from your unit for periods totaling 39 days, and failure to obey a lawful order.  Subsequently, you were notified of pending administrative separation by reason of inability to adapt to military service.  You consulted with military legal counsel and waived your procedural rights, including your right to request that your case be heard before an administrative discharge board (ADB).  The discharge authority approved this recommendation, and directed separation under honorable conditions by reason of unsuitability and on 13 August 1971, you were discharged. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your contention that you were 17 years old and signed into the service when your father left home.  However, the Board concluded that these factors were insufficient to warrant relief in your case because of the seriousness of your misconduct that resulted in two NJPs, a SPCM conviction, and periods of UA lasting more than a month.  Regarding your contentions, the Board considered your youth and immaturity as factors in your behavior, but concluded that the severity of your misconduct outweighed your current desire to upgrade your 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.