Docket No: 10187-19 
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 for Correction of Naval Records, sitting in executive session, considered your application on 7 October 2020.  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 18 August 1983.  During the period from 3 November 1983 to 24 August 1984, you received four separate instances of non-judicial punishment (NJP) for three specifications of unauthorized absence (UA) totaling 31 days, misuse of government property, and assault and battery.  Subsequently, you were notified of pending administrative separation action by reason of misconduct due to a pattern of misconduct/frequent involvement.  You elected to consult with legal counsel and subsequently requested an administrative discharge board (ADB).  The ADB found that you committed misconduct due to a pattern of misconduct/frequent involvement and recommended you receive a general under honorable conditions characterization of service.  The discharge authority concurred with the ADB and directed a general under honorable conditions discharge by reason of misconduct.  On 13 March 1985, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, contentions that your service was upbeat and honorable and both your peers and superiors praised you during you served in the Navy.  However, the Board concluded that these factors were not sufficient to warrant relief in your case given the misconduct reflected in your record, and your final marks received at discharge.  In rendering its decision, the Board noted that character of service is based, in part, on conduct and overall trait averages, which are computed from marks assigned during periodic evaluations.  Your conduct average was 2.9.  An average of 3.0 in conduct was required at the time of your separation for an honorable characterization of service.   
 
In regard to the contentions that your service was upbeat and honorable, and both your peers and superiors praised you during you served in the Navy, the Board noted that a Sailor’s service is characterized at the time of discharge based on performance during that period of enlistment. 
    
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,