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

Docket No: 8330-18
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 9 October 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 1 September 1972. On 1 September 1973, you received a mark of 2.0 in professional performance, 2.0 military behavior, 2.0 in military appearance, and 2.0 in adaptability. Your administrative counseling entry of that same day stated that you “express[] contempt, both silent and verbal, to any type of authority,” that you “ha[d] no desire to take any interest in [your] work or other military duties” and that you were “disrespectful.” On 28 September 1973, your commanding officer recommended your discharge by reason of marginal performance/substandard conduct. On 11 October 1973, you voluntarily accepted discharge by reason of convenience of the government (COG), with a general (under honorable conditions) (GEN) characterization of discharge if warranted by your service record and performance. Your signed administrative counseling regarding your pending GEN discharge states that you acknowledged that “by accepting a discharge at this time, [you] will not have the opportunity to remain on active duty and earn a fully honorable discharge by improving [your] performance.” On 6 November 1973, you were discharge with a GEN discharge by reason of COG.

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge, and your contention that your DD Form 4 reflects “honorable” characterization of service. The Board noted that characterization of service is often based, in part, on the overall trait average (OTA), computed from marks assigned on a periodic basis.  Your OTA was 2.0, which was below the OTA of 3.0 required at the time of your separation for a fully honorable characterization of service. Under the totality of the circumstances, the Board in its review determined you were assigned the appropriate characterization of service, and discerned no probable 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 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,