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


Docket No: 3679-19                                                             
Ref: Signature Date 

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 on 16 October 1974.  During the period from 20 October 1975 to 19 April 1977, you received three non-judicial punishments (NJP) for two specifications of unauthorized absence (UA) totaling 45 days and possession of marijuana. Subsequently, you were notified of pending administrative separation action by reason of conveyance of the government (COG) due to inability to adapt to military service.  After you waived your rights, your commanding officer (CO) recommended a general under honorable conditions (general) characterization of service by reason of COG due to inability to adapt to military service. The discharge authority approved this recommendation and directed a general discharge due to COG.  On 22 April 1977, you were discharged. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your contention that you were a good Sailor and served three years out of a four-year enlistment.  However, the Board concluded that these factors were not sufficient to warrant upgrading your discharge given your misconduct on active duty and the marks you received at discharge.  The Board noted that character of service is based, in part, on conduct and overall trait averages which are computed from marks assigned during periodic evaluations.  Your conduct average was 2.6. An average of 3.0 in conduct was required at the time of your separation for an honorable characterization of service.  The Board discerned no probable material error or injustice in your discharge that warrants an upgrade in the characterization of your 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, 


5/29/2020