DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 9017-18 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 8 August 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, applicable statutes, and regulations and policies. You enlisted in the Navy and began a period of active service on 8 April 1969. From the period beginning on 12 December 1969 to 9 November 1970 you received nonjudicial punishment (NJP) on five occasions for the following offenses: three specifications of unauthorized absence (UA), failure to go to your appointed place of duty, sleeping on fire watch, and two specifications of violation of a lawful order. On 27 November 1970 you were convicted at a summary court-martial (SCM) of two specifications of UA. On 19 January 1971 you received an official reprimand for wrongful use of provoking words. From the period beginning on 14 April 1971 to 29 September 1971 you received NJP on three occasion for a total of six specification of UA. On 20 May 1971, you were convicted at a special court-martial (SPCM) for disrespectful language and disobedience of a lawful order. You were subsequently notified of the initiation of administrative separation proceedings, at which point you elected counsel and a review of your case by an administrative discharge board (ADB). On 3 November 1971, an ADB convened and determined you were unfit due to your frequent involvement with military authorities of a discreditable nature. On 22 November 1971, the discharge authority approved and directed your discharged with an other than honorable (OTH) characterization of service by reason of unfitness, and you were discharged on 24 November 1971. The Board carefully reviewed your request to upgrade your discharge and your contention that you were immature and hotheaded, and you were adversely affected by what happened to you. You also explained that you had an alcoholism problem, did not have any positive role models in your life, and had your jaw broken three times boxing for the Marine Corps. The Board considered the letters of support from your pastor, employer, landlord, and girlfriend. The Board, however, found that these factors were not sufficient to warrant relief in your case given the severity of your misconduct, which resulted in multiple NJPs, one SCM, and one SPCM. In this regard, the Board concluded the seriousness of your misconduct supported the characterization of your 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.