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

Docket No: 9718-18                
Ref: Signature Date 

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 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 it merits.  A three-member panel of the Board, sitting in executive session, considered your application on 10 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 and applicable statutes, regulations, and policies.
 
You enlisted in the Navy on 25 February 1977.  On 21 October 1977, you were convicted by summary court-martial (SCM) of three instances of unauthorized absence (UA) totaling 17 days and absence from appointed place of duty.  While awaiting disciplinary action, you slashed your wrists in attempt to get discharges from the Navy.  As a result, you received a psychiatry evaluation and were diagnosed with an immature personality that existed prior to enlistment.  Subsequently, you were notified of the initiation of, and your rights associated with, administrative separation action by reason of unsuitability due to defective attitude.  You waived your rights and your commanding officer (CO) recommended that you be discharged with a general (under honorable conditions) characterization of service by reason of unsuitability.  The discharge authority approved this recommendation and directed that you be discharged with a general (under honorable conditions) characterization of service by reason of unsuitability.  On 28 November 1977, you were discharged.  

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contention that you went UA because your wife was pregnant and had no one to care for her.  However, the Board concluded that these factors were not sufficient to warrant upgrading your discharge given your misconduct, desire to be discharged from the Navy, and diagnosed immature personality that existed prior to enlistment. 

In regard to your contention that you went UA because your wife was pregnant and had no one to care for her, the Board noted that there is no evidence in your record, and you submitted none, to support your contention.  

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 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, 


10/4/2019