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

Docket No: 2470-19 
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 9 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 and began a period of active duty on 8 March 1972.  During the period from 27 September 1973 to 25 January 1974, you received five non-judicial punishments (NJP) for larceny on two occasions, three periods of unauthorized absence, missing ship’s movement, and absence from your appointed place of duty.  On 12 June 1974, you were convicted by special court-martial (SPCM) of an unauthorized absence totaling 14 days, attempting to steal government property, attempting to sell marijuana, three specifications of failure to go to your appointed place of duty, wrongful use of marijuana, wrongful possession of marijuana, wrongful introduction of marijuana into military station, and wrongfully and unlawfully impersonate a Petty Officer.  As punishment, you were awarded confinement, forfeiture of pay, and reduction in rank.  Subsequently you were notified of an administrative action to separate you from the naval service.  You were advised of and elected your procedural rights to consult with and be represented by military counsel and your right to present your case to an administrative discharge board (ADB).  After consultation with military counsel, you signed a conditional agreement between yourself and the Commanding Officer (CO) agreeing to waive your right to present your case to an ADB provided that you were recommended for a general discharge.  Your CO recommended that you be administratively separated from the naval service with a general (under honorable conditions) characterization of service.  The separation authority concurred with your CO and approved and directed your general discharge.  On 23 August 1974, you were so discharged. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and your contention that your Certificate of Release or Discharge from Active Duty (DD Form 214) states general (under honorable conditions) and should state honorable.  You assert that you served honorably for one year and two months in Viet Nam and received many ribbons and a paygrade promotion. The Board commends you for your service in Viet Nam, however, concluded that these factors were insufficient to warrant relief in your case because of the seriousness of your repeated misconduct that resulted in four NJPs, a SPCM conviction, and your agreement with the CO for a general (under honorable conditions) characterization of service. The Board discerned no probable material error or injustice in your discharge. 

In regard to your contention that you were sworn into the Navy on February 28, 1972, and on March 3, 1972, you were sent to boot camp, the record shows that your enlistment date is 8 March 1972. Please contact Navy Personnel Command to have this administrative error corrected. 

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,