Docket No: 11243-19 
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 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  
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, relevant portions of your naval record, applicable statutes, regulations, and policies. 
 
You enlisted in the Navy and began a period of active service on 26 September 1980.  From the period beginning on 11 September 1981 until 6 May 1983, you received non-judicial punishment (NJP) on four occasions for the following offenses:  falsifying official documents, three specifications of disobeying a lawful order, communicating a threat, unauthorized absence (UA), and disrespect toward a senior petty officer.  During the aforementioned period, you were counseled on two occasions regarding your misconduct, and you were further notified that continued misconduct may result in the initiation of administrative action to separate you from the naval service.  On 20 May 1983, you were convicted at a summary court martial (SCM) for two specifications of UA, and two specifications of breaking restriction.  On 24 May 1983, you were notified of an administrative action to separate you from the naval service for misconduct due to a pattern of misconduct.  On 27 May 1983, you waived your right to consult with counsel, and to have your case presented to an administrative discharge board.  On 1 June 1983, your commanding officer recommended your discharge from naval service with an other than honorable (OTH) characterization of service by reason of misconduct.  On 23 June 1983, you were counseled regarding your misconduct and again notified that further deficiencies may result in administrative separation from naval service.  On 6 July 1983, you received NJP for UA.  You were discharged on 4 August 1983, with an OTH characterization of service.  

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge.  You contend your SCM was a result of a misunderstanding that lead to a verbal assault on you.  You also contend that two things were bothering you:  1) you were told you would not have access to your GI Bill for college; and 2) you were assigned to the brother duty program with your brother, however, you were separated from your brother after boot camp.   
 
The Board noted you failed to provide evidence, and your records do not contain evidence to support your contentions.  After careful consideration of your contentions, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service.   
 
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,