DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA  22204-2490
 

Docket No: 1720-18
Ref: Signature Date 
 

Dear :
 

This is in reference to your application for correction of your naval record pursuant to the provisions of 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 17 April 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 and began a period of active duty on 1 February 1980.  You served for seven months without disciplinary incident, but during the period from 24 September 1980 to 21 May 1981, you received nonjudicial punishment (NJP) on five occasions and were convicted by a special court-martial (SPCM).  Your offenses were unauthorized absence (UA) from your unit for periods totaling 66 days, failure to go to your appointed place of duty, failure to obey a lawful order, breach of peace, and drunk and disorderly conduct.  Subsequently, you were notified of pending administrative separation by reason of misconduct due to frequent involvement of a discreditable nature with military authorities.  After you exercised your right to consult with counsel, you waived your right to present your case to an administrative discharge board (ADB).  Your commanding officer (CO) recommended that you be discharged with an other than honorable (OTH) characterization of service by reason of misconduct due to frequent involvement.  The discharge authority approved your CO’s recommendation and directed that you be separated with an OTH characterization of service by reason of misconduct.  On 22 June 1981, you were discharged

The Board carefully weighed all potentially mitigating factors, as well as your contention that you were discharged because you were associating with others. The Board, however, concluded that relief is not warranted in your case because of the seriousness of your repeated misconduct, which resulted in five NJPs and conviction by a SPCM. Moreover, the Board noted that the record contains no evidence, and you submitted none, to support your contention. Therefore, the Board, in its review, discerned no probable material error or injustice in your discharge. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken at this time. You are entitled to have the Board reconsider its decision upon the 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,

Executive Director