DEPARTMENT OF THE NAVY 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 3434-19 
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 28 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 30 January 1978. From the period beginning on 6 July 1978 to 21 December 1978, you received non-judicial punishment (NJP) on three occasions for the following offenses: five specifications of unauthorized absence (UA), wrongful use of provoking words, and wrongful communication of a threat.  On 31 January 1979, you were assigned a mark of 2.8 in military behavior, professional performance, and adaptability.  From the period beginning on 18 June 1979 to 3 December 1979, you received NJP on four occasions for the following offenses: three specifications of UA and three specifications of insubordinate conduct.  On 1 February 1980, you were counseled regarding your misconduct.  On 25 February 1980, you were convicted at a summary court-martial of four specifications of UA and two specifications of missing ships movement.  On 11 March 1980, you were notified of the initiation of 
administrative separation proceedings by reason of frequent involvement.  On 8 April 1980, you waived counsel and your procedural rights.  On 27 April 1980, your commanding officer recommended your discharge with an other than honorable (OTH) characterization of service by reason of misconduct-frequent involvement.  

On 7 May 1980, the discharge authority approved and directed your discharge with an other than honorable (OTH) characterization of service by reason of misconduct-frequent involvement. You were discharged on 20 May 1980. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contention that you were misled to believe your military occupational specialty would involve electronics.  The Board noted that there is no evidence in your record, and you submitted none, to support your contention.  After careful consideration the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service.
 
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,