DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
             
Docket No: 11314-19              
Ref: Signature date 

This is in reference to your application of 29 November 2019 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 16 March 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 Naval Reserve and began a period of active duty on 20 December 1977.  On 14 August 1978, you received non-judicial punishment (NJP) for two specifications of unauthorized absence (UA).  On 14 December 1978, you received NJP for missing movement.  On 18 May 1979, you received NJP for UA.  On 7 September 1979, you received NJP for UA.  On 19 October 1979, you received NJP for possession of barbiturates.  On 10 July 1980, you received NJP for absence from your place of duty.  On 14 September 1980, you received NJP.  On 17 October 1980, you requested administrative separation in lieu of trial (SILT).  On 12 January 1981, you were discharged with a general characterization of service. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and your assertions that you were under the impression your discharge would be automatically upgraded after six months and you have worked hard to improve yourself.  The Board also considered your assertions that you do not dispute the discharge but ask for an upgrade because it is very important to you to upgrade your military record. 

The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct, which resulted in seven NJPs.  Although your complete administrative separation documentation was not included in your record, based on your DD Form 214, you were discharged with a general (under honorable conditions) characterization of service for at the end of your obligated service.  You received a RE-4 reentry code and separation code of “LBK.”  Regarding your contention that you were told your discharge would be automatically upgraded to general after six months, there is no provision of law or in Navy regulations that allows for recharacterization of service due solely to the passage of time. 

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, 

4/17/2020