DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S COURTHOUSE ROAD SUITE 1001 
ARLINGTON VA 22204-2490   
                                                                                           
Docket No: 11487-19  
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, as well as applicable statutes, regulations, and policies. 
 
You enlisted in the Navy and began a period of active duty on 15 September 1981.  On 22 September 1982, you received non-judicial punishment (NJP) for three specifications of UA, and failing to report to proper authorities an offense committed by persons in the Navy (i.e., wrongful use of marijuana).  On 5 November 1982, you received NJP for four specifications of UA from your appointed place of duty at the prescribed time.  On the same day, you were counseled regarding your misconduct, and notified that further deficiencies may result in the initiation of administrative separation proceedings.  On 8 December 1982, you were convicted at a summary court-martial for two specifications of UA from your appointed place of duty.  On 3 January 1983, you were notified of the initiation of administrative separation proceedings by reason of misconduct.  On 4 January 1983, you elected to consult with legal counsel and to have a hearing before an administrative discharge board (ADB).  On 21 January 1983, an ADB convened.  The ADB found that the evidence supported your misconduct, and voted that you be discharged from the Navy with an other than honorable characterization of service.  However, prior to your discharge, on 15 March 1983, you were convicted at a special court-martial of two specifications of willful disobedience of lawful orders from your superior petty officers, and four specifications of UA.  You were sentenced to confinement, forfeiture of pay, and a bad conduct discharge (BCD).  On 8 August 1983, your BCD was set aside.  On 15 September 1983, you were discharged with a general characterization of service by reason of convenience of the government.  
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, and your contention that another Sailor initiated the fight that resulted in your discharge.  The Board noted you did not provide evidence, and your record did not contain evidence, to support your contention.  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,