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

             
Docket No: 11541-19             
Ref: Signature date 

This letter is in reference to your application of 3 December 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 with respect to your request to upgrade your characterization of service 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 May 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 12 February 1973.  On 5 June 1974 you commenced a period of unauthorized absence (UA) until 6 August 1974.  You were sent to a special court-martial and found guilty of the UA on 23 September 1974.  On 1 November 1974, you were notified that you were being discharged with a general characterization of service due to unsuitability.  On 6 November 1974, 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, your assertion that you were young and you felt like a failure after you learned that you were not able to work on submarines in the Machinist’s Mate field.  The Board also considered your statement concerning the educational and work activities that you have engaged in since your time in the Navy, as well as your letters of recommendation that you have appended to 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, 


5/29/2020