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

Docket No: 2649-19 Date: 
Ref Signature 

Dear 
 
This letter 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 that 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 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 service on 6 April 1978.  On 17 February 1979, you received non-judicial punishment (NJP) for unauthorized absence (UA).  On 11 April 1979, you were assigned a mark of 2.8 in military behavior.  From the period beginning on 15 August 1979 to 26 July 1982, your received NJP on five occasions for the following offenses: six specifications of UA, being disrespectful in language to a superior petty officer, dereliction of duty, disrespect toward a commissioned officer, two specifications of failure to obey a lawful order, being disrespectful in language to a superior chief petty officer, disrespect to a superior non-commissioned officer, failure to obey a lawful order from a superior commissioned officer, and dereliction of duty.  On 27 July 1982, you were notified of the initiation of administrative proceedings to separate you from the naval service by reason of your frequent involvement with military authorities.  On 2 August 1982, you were advised of and waived your procedural rights.  Your commanding officer recommended your separation with an other than honorable (OTH) characterization of service and, on 19 August 1982, the discharge authority approved and directed your discharge with an OTH characterization of service by reason of misconduct-frequent involvement.  You were so discharged on 27 August 1982. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, and your contentions that you did not get along with your superiors you need healthcare services.  The Board noted that there is no evidence in your record, and you submitted none, to support your contentions regarding your relationship with your chain of command.  The Board concluded that the severity of your repeated misconduct, which resulted in six NJPs, outweighed your current desire to upgrade your discharge.  Nor is there any requirement or law that grants recharacterization solely on the issue of obtaining health benefits.  Accordingly, the Board, in it review, discerned 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,