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

Docket No: 9621-18   
Date: Ref Signature 

This letter 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 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 18 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, 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 service on 20 June 1972.  On 12 February 1973, you were assigned a mark of 2.8 in military behavior. On 6 July 1973, you were counseled regarding your deficiencies, and notified that failure to correct your deficiencies may result in administrative separation processing.  On 30 August 1973, you were convicted at special court-martial of unauthorized absence (UA).  You were sentenced to confinement, forfeitures of pay, and to be discharged from the naval service with a bad conduct discharge (BCD).  However, the BCD portion of your sentence was commuted to the lesser punishment of restriction.  On 5 October 1973, you were discharged with a general (under honorable conditions) characterization of service by reason of convenience of the government with an overall trait average of 3.10 and overall military trait marks of 2.70. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge, and your contentions that you were only 18 years old at the time of your discharge, and that you are trying to get personal loans and insurance.  The Board considered your youth and immaturity as factors in your behavior, but concluded that the severity of your misconduct outweighed your current desire to upgrade your discharge.  Further, there is no provision of law or in Navy regulations that allows for re-characterization of service due solely to allow eligibility for loans or insurance. 

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, 


10/8/2019