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


Docket No: 9362-18 
Ref: Signature Date 
  
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 21 November 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 30 August 1971.  You served for five months without disciplinary incident, but during the period from 23 February 1972 to 3 October 1973, you received nonjudicial punishment (NJP) on seven occasions and were convicted by special court-martial on two occasions.  Your offenses were unauthorized absence (UA) from your unit for periods totaling 31 days, failure to go to your appointed place of duty, and breaking restriction.  Subsequently, you were notified of pending administrative separation by reason of misconduct due to frequent involvement at which time you waived your procedural rights to consult with legal counsel and to present your case to an administrative discharge board (ADB).  Your commanding officer recommended discharge under other than honorable conditions (OTH) by reason of misconduct due to frequent involvement.  The discharge authority approved your commanding officer’s recommendation and directed separation under other than honorable conditions by reason of misconduct, and on 18 December 1973, you were discharged. 
 
The Board carefully weighed all potentially mitigating factors, such as your time served in Vietnam, your post service conduct and your contention that when you were presented with your discharge it was supposed to be a general, but it came through as an undesirable.  The Board concluded these factors were not sufficient to warrant relief in your case because of the seriousness of your repeated misconduct that resulted in six NJPs, two SPCMs, and UA totaling a month.  Further, you were given an opportunity to defend your actions, but waived your right to present your views when more details were available.  Concerning your contention the Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to the contrary, will presume that they have properly discharged their official duties.  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,