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

Docket No: 605-18                  
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 20 March 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 15 February 1979.  On 21 September 1980, you were counseled regarding your deficiencies in performance and conduct and warned that further deficiencies in your performance or conduct may result in disciplinary action and in processing for administrative separation.  Subsequently, you were notified of pending administrative separation by reason of unsatisfactory performance at which time you waived your procedural rights to consult with legal counsel and to present your case to an administrative discharge board (ADB).  Your commanding officer directed your separation and on 14 January 1981, you were separated with a general characterization of service. 

The Board carefully weighed all potentially mitigating factors, including your contention that you were issued the wrong discharge, unfairly.  The Board concluded these factors were not sufficient to warrant relief in your case because of your failure to meet Navy performance and conduct standards.  In regard to your contention the Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to the contrary, will presume that they have properly discharged their official duties.  The Board noted you were notified that you were being processed for discharge because you had failed to demonstrate acceptable standards of proficiency in the performance of your military and professional duties.  Your performance was considered to be noncontributory to the command’s readiness and mission accomplishment.  The Board in it review discerned no material error 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 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, 
7/24/2019