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

Docket No: 1160-19 
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 Boards, sitting in executive session, considered your application on 19 February 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 7 October 1977. During the period from 26 January 1979 to 23 July 1980, you received seven non-judicial punishments (NJP) for unauthorized absence on six occasions totaling 39 days, disrespect, wrongful use of marijuana, wrongful possession of marijuana, assault, and breaking restriction.  Subsequently, you were notified of an administrative action to separate you from the naval service.  After consulting with legal counsel, you elected to submit a statement on your behalf.  Prior to the commanding officer’s (CO) recommendation, on 29 July 1980, you received your eighth NJP for unauthorized absence, unlawful escape from lawful custody, and breaking restriction.  On 2 August 1980, you received your ninth NJP for sleeping in a troop space.  Your CO recommended that you be administratively separated from the naval service with an other than honorable (OTH) characterization of service.  The discharge authority approved the CO’s recommendation and directed that you be separated from the naval service with an OTH discharge.  On 21 August 1980, you were so discharged. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge.  The Board considered your contention that you worked diligently, your military evaluations were above average for over half of your enlistment.  The Board concluded that these factors were insufficient to warrant relief in your case because of the seriousness of your repeated misconduct that resulted in nine NJPs.  You also waived your right to an administrative discharge board, and thereby forfeited your best opportunity to receive a better characterization of service.  Under the totality of the circumstances, the Board determined that there was no probable material error or injustice in the discharge.
 
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,