Docket No: 11022-19 
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 was 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 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 13 June 1974.  On July 1975, nonjudicial punishment (NJP) was imposed on you for a period of unauthorized absence (UA) from 5 to 9 June 1975.  On 5 September 1975, you were again UA for six hours.  On 31 May 1976, you commenced a period of UA that lasted until your surrender on 19 July 1976.  On 20 July 1976, you commenced another period of UA that lasted until you surrendered on 3 October 1976.  You were again in a UA status from 18 October 1976, until 2 November 1976.  On 3 January 1977, you were discharged with an OTH discharge.   
 
You requested an upgrade of your discharge characterization.  You stated that you were discharged for drug and alcohol use while in the service.  You assert that you performed well and asked for a discharge upgrade because it is unjust to be punished for the rest of your life for poor choices during a stressful few years of your life.  The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct, which included several periods of UA, and the imposition of NJP.  Your original service record was incomplete and did not contain some documentation pertaining to your separation from the Navy, and you provided no evidence to support your contentions.  Absent of such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law/policy and in good faith.   
  
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,