DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 11500-19 
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 30 April 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 on 2 August 1971. On 29 December 1971, you receive nonjudicial punishment for unauthorized absence.  On 20 January 1972, you received nonjudicial punishment for another unauthorized absence.  On 11 April 1972, you again received nonjudicial punishment, this time for disobedience of a general order.  You received a written warning on 27 July 1972 that your military behavior was unsatisfactory.  You then went to a summary court-martial on 12 December 1972, for dereliction of duty by sleeping on watch.  On 1 September 1973, you received another warning noting that your marks in professional performance and military behavior were low.  You then received nonjudicial punishment on 9 January 1974 for sleeping on watch.  You commenced a period of unauthorized absence on 11 March 1974 and you were apprehended on 31 March 1974. You then received a civil conviction for theft in      on 24 May 1974 and for robbery in Mississippi on 7 February 1975.  On 29 April 1975, you were convicted by a special court-martial for periods of unauthorized absence.  On 7 August 1975, you were provided an opportunity for an administrative discharge board, which found that you committed misconduct due to two civilian convictions and that you should be discharged with an other than honorable characterization of service.  On 12 September 1975, you were discharged with an other than honorable characterization of service. 

The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contentions that time has elapsed and that you have made significant changes to better yourself.  The Board also reviewed the materials and certificates that you submitted with your application.  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,