DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 2904-18 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 21 May 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. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. You enlisted in the Navy on 11 January 1980. During the period from 24 June to 24 July 1980, you received two non-judicial punishments (NJP) for four specifications of failure to obey a lawful order, three specifications of unauthorized absence (UA) totaling six days, and one specification each of causing a breach of peace, and assault. On 26 August 1980, you were notified of pending administrative separation action by reason of burden to command due to substandard performance/inability to adapt to military service. That same day you were advised of, and waived, your procedural rights, including your right to consult with legal counsel or submit a statement on your own behalf. Also on 26 August 1980, you submitted a voluntary request to permit your early return to the civilian community in lieu of awaiting final action on your administrative discharge processing, in which your commanding officer (CO) concurred. On 28 August 1980, your CO stated that you had been “counselled frequently regarding [your] willingness and ability to function in the Navy,” and that “no positive change [had] been noted in [your] attitude or behavior.” The CO further noted that you lacked “motivation for continued service” and “strongly recommended” that you be discharged from the naval service with a general (under honorable conditions) characterization of service by reason of burden to command due to substandard performance/inability to adapt to military service (“[a]pathy and defective attitude”). On 3 September 1980, the discharge authority approved this recommendation and directed a general (under honorable conditions) discharge by reason of unsuitability. On 2 September 1980, you were so discharged. The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge, and your contention that your discharge violates the terms of your contract of enlistment. In this regard, the Board concluded that your demonstrated unsuitability to military service, as evidenced by your two NJPs, outweighed your desire to upgrade your discharge and clearly supports the CO’s decision to issue you a general (under honorable conditions) discharge. Regarding your contention that your discharge violates the contract of your enlistment, the Board noted that there is no evidence in your record, and you submitted none, to support your contentions. The Board also noted that on, you requested an early return to the civilian community and immediate discharge from the Navy with full knowledge that your in-service performance marks would result in “a General, vice Honorable 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 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, 7/22/2019 Executive Director