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

Docket No: 8990-18 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 2 October 1980. From the period beginning on 30 January 1981 to 7 October 1982 you received three nonjudicial punishments (NJP). On 21 December 1982, you were counseled regarding your misconduct and warned that further instances could result in administrative separation action. On
28 February 1983, you were convicted at a summary court-martial (SCM) of UA and wrongful possession of marijuana, at which point you were notified of the initiation of administrative separation proceedings by reason of frequent involvement with military authorities. You requested to be represented by counsel and to present your case to an administrative discharge board.  On 26 April 1983, you received your fourth NJP for two specification of UA. On 4 May 1983, you went UA and, on 1 July 1983, an administrative discharge board was held in your absence and recommended you be discharged with a general characterization of service by reason of pattern of misconduct. On 25 July 1983, the discharge authority approved and directed a general discharge, but the discharge was not executed because you were still in a UA status.
On 14 November 1983, you returned from UA. As a result, on 5 January 1984, you were convicted at a special court-martial for UA.  On 19 January 1984, you were again notified of pending administrative separation proceedings against you and you waived counsel as well as the right to an administrative discharge board. On 7 May 1984, you were discharged with an OTH characterization of service.

The Board carefully weighed all potentially mitigating factors, such as your contention it has been over 30 years since your discharge and you currently work in support of the naval fleet at the naval shipyard. Absent some additional factors indicating that clemency is warranted, military discharges are not automatically upgraded due to the passage of time. The Board concluded that the severity of your misconduct, which resulted in four NJPs, one SCM, and one SPCM warranted an OTH characterization of service. 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,