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

Docket No: 2867-19 
Date: Ref Signature 

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 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, as well as applicable statutes, regulations, and policies. 

You enlisted in the Navy and began a period of active service on 17 June 1978.  On 17 August 1978, you were notified of the initiation of administrative separation proceedings by reason of misconduct-fraudulent enlistment as a result of your failure to disclose pre-service convictions for drug possession and driving while under the influence (DUI).  On the same day, you elected to consult with counsel and to assert your procedural rights before an administrative discharge board.  On 22 November 1978, an ADB convened and recommended your retention in the naval service.  You went on a period of unauthorized absence (UA) from 4 April 1979 to 30 August 1980. On 2 September 1980, you were counseled regarding your misconduct.  On 3 October 1980, you were discharged with an other than honorable (OTH) characterization of service by reason of good of the service (GOS).
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your contentions of racial tension and your positive post-service conduct.  The Board commends your post-service accomplishments.  Notwithstanding, concerning your assertion of racial prejudice, there is no indication in the record that such problems, if they existed at the time of your service, were so serious as to excuse you of responsibility for your actions or were sufficiently mitigating to warrant an upgrade in the characterization of your service.  The Board concluded that the severity of your misconduct outweighed your current desire to upgrade your 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,