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

Docket No: 8829-18 
Ref: Signature Date 
 
Dear  
 
This letter is in reference to your application of 1 August 2018 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 11 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 27 July 1981.  On 26 February 1982 and 16 December 1982, you received nonjudicial punishment (NJP) for two separate instances of larceny.  On 15 February 1983, you were notified of pending administrative separation by reason of misconduct due to minor disciplinary infractions and unsatisfactory performance.  Your Commanding Officer recommended discharge under honorable conditions by reason of misconduct due to minor disciplinary infractions noting that your “only desire is discharge from the U.S. Navy,” and that you did “not object to a general discharge.”  The discharge authority approved this recommendation and directed a separation characterization of general under honorable conditions, and, on 19 February 1983, you were discharged. 
 
You requested an upgrade to your characterization to honorable. The Board carefully weighed all potentially mitigating factors in your case and concluded that these factors were not sufficient to warrant relief because of your repeated misconduct that resulted in two NJPs.  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.