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

Docket No: 4062-18   
Ref: Signature date 

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 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 11 June 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, relevant portions of your naval record, as well as applicable statutes, regulations, and policies.
 
You enlisted in the Navy on 31 January 1972.  During your enlistment, you received six nonjudicial punishments (NJP).  You were also convicted by special court-martial (SPCM) of assault, communicating a threat to a commissioned officer, and disrespect to a commissioned officer.  Although the Board lacked your entire service record, the Board relied on a presumption of regularity that you were notified of the recommendation that you be discharged by reason of a burden to command due to substandard performance/inability to adapt to military service.  On 22 August 1975, you were discharged with a general under honorable conditions characterization of service. 

The Board carefully weighed all potentially mitigating factors, such as your contention that you were young and not thinking about the effects of a general characterization of service. In this regard, the Board concluded that the seriousness of your misconduct, as evidenced by six NJPs and a SPCM, clearly supports the Navy’s decision to issue you a discharge with a general under honorable conditions characterization of service. The Board discerned no material error or injustice in 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 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,