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

Docket No: 0002-19 
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
26 August 2019. 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, 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 25 August 1970. Oat you did not meet the requirements to strike for a rating without concurrence of the Chief of Naval Personnel (CNP). On 1 March 1971, 26 January 1972, 1 March 1972, and 18 July 1972 you were counseled because of low marks for professional performance, behavior, military appearance and adaptability, you failed to achieve the professional skills needed to fully carry out individual assignments, you required continuous supervision in any task assigned, and performed poorly even under supervision. You were advised that your failure to meet professional growth criteria resulted in no potential as a future petty officer and that you were not eligible for reenlistment without approval of CNP. Your final trait average for military behavior was 2.75. On 22 August 1972, you received a general (under honorable conditions) discharge and were released from active duty and transferred to the Navy Reserve.

You requested the Board upgrade your discharge to honorable. You asserted it was your understanding that your discharge was honorable and not under honorable conditions and you were not aware that there was a difference between the two.  You claimed there were no incidents that would have caused you to receive a general discharge. You indicated you were recently denied veterans benefits (a deduction from my town taxes and veteran status on your NH driver’s license).  At the time of your discharge, a final trait average for military behavior of
3.0 was required for an honorable discharge. The Board carefully weighed all potentially mitigating factors, such as your record of service and contentions and concluded these factors were not sufficient to warrant a change to your discharge because the Board found no error in the records as your final trait average was below the requirement for an honorable discharge and supports a general discharge. Further, 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,