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

Docket No: 7300-18                                     
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 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 18 September 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 28 July 1977.  During the period from 2 December 1977 to 8 September 1978, you received nonjudicial punishment (NJP) on seven occasions.  Your offenses included unauthorized absence (UA) from your unit for periods totaling 21 days, failures to go to your appointed place of duty, possession of alcoholic beverages on board ship, and failures to obey a lawful general regulation.  Subsequently, you were notified of pending administrative separation action by reason of misconduct at which time you waived your rights to consult with legal counsel and to present your case to an administrative discharge board (ADB).  Your commanding officer recommended a general characterization of discharge by reason of misconduct.  The discharge authority, however directed separation under other than honorable conditions by reason of misconduct.  On 9 October 1978, you were so discharged. 

The Board carefully weighed all potentially mitigating factors in your case, including your post service conduct and your contention that you were told your characterization would be upgraded to honorable.  The Board concluded these factors were not sufficient to warrant relief in your case because of the seriousness of your misconduct that resulted in seven NJPs.  Moreover, the Board noted that you waived the right to an ADB, which was your best opportunity to advocate for retention or a better characterization of service.  Concerning your contentions, 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.  There is no provision of law or in Navy regulations that allows for recharacterization of service due solely to the passage of time.  

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, 


10/21/2019