Docket No: 4121-18 
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 10 July 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 and began a period of active duty on 18 July 1973.  On 15 November 1973, you received nonjudicial punishment for unauthorized absence (UA) from your unit for periods totaling 20 days.  Although the Board lacked your entire service record book (SRB) it appears from the available entries before the Board that you were subsequently involuntarily processed for separation by reason of unsuitability.  In connection with this processing, you would have acknowledged the separation action, and been afforded procedural rights.  The record shows that on 20 February 1974, you were discharged under honorable conditions due to unsuitability. 
 
The Board considered your request to change your general discharge to an honorable discharge.  The Board concluded these was insufficient evidence to warrant relief in your case because your misconduct supported your administrative separation from service.  There is no provision of law or in Navy regulations that allows for recharacterization of service solely due to the passage of time.  The Board, in its review, discerned no material or injustice in the 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. 
 
Sincerely, 
9/1/2019
Executive Director