Docket No: 11017-19 
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, sitting in executive session, considered your application on 2 September 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 and began a period of active duty on 2 December 1977.  During the period from 22 February 1978 to 13 March 1979, you received non-judicial punishment (NJP) six times for wrongful possession of marijuana, six different periods of unauthorized absence totaling 45 days, and failure to go to your appointed place of duty.  Subsequently, you were notified of pending administrative action to separate you from the naval service because of misconduct due to frequent involvement of a discreditable nature with military authorities.  You were advised of and waived your procedural rights, including your right to consult with and be represented by military counsel and your right to present your case to an administrative discharge board.  Your commanding officer (CO) recommended that you be administratively discharged from the naval service with a general (under honorable conditions) characterization of service.  The separation authority approved the CO’s recommendation for discharge, but directed that you be discharged under other than honorable conditions.  On 12 April 1979, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge.  The Board considered your assertion that you were not perfect, as you were young and immature.  You also assert that you have since grown up and raised two incredible children on your own, and have been employed with the same company for 7 ½ years.  The Board carefully considered your youth, immaturity, and post service conduct.  However, the Board ultimately concluded that these factors were not sufficient to warrant relief in your case due to the seriousness of your repeated misconduct that resulted in six NJPs.  Unfortunately, under the totality of the circumstances, the Board discerned no probable 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 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,