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

Docket No: 8988-18 Date: 
Ref Signature

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
2 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, 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 service on 7 September 1975. From the period beginning on 27 August 1976 to 7 January 1977 you received four nonjudicial punishments (NJP) for the following offenses: disrespect toward a superior petty officer, disobedience of a lawful order, absent from appointed place of duty, and two specifications of unauthorized absence (UA) totaling 44 days. On 10 January 1977, you were notified of the initiation of administrative separation proceedings by reason of misconduct for frequent involvement with military authorities, but the action was held in abeyance pending further review of your future conduct. On 14 January 1977, you signed a statement that you agreed to be separated from the naval service with a general discharge by reason of unsuitability. You received a general discharge under honorable conditions the same day.

The Board carefully weighed all potentially mitigating factors, such as your contention you had to get out of the Navy to aide your mother following your father’s death. The Board noted that there is no evidence in your record, and you submitted none, to support your contentions. The Board concluded that you were already afforded clemency in your discharge when the Navy allowed you to leave service with a general under honorable conditions instead of an other than honorable discharge given your repeated misconduct. The Board, in its 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 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,