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

Docket No: 0039-19                        
Date: Ref Signature 

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 18 December 2019.  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, applicable statutes, and regulations and policies. 

You enlisted in the Navy and began a period of active service on 9 September 1971.  From the period beginning on 3 July 1972 to 12 July 1973 you received non-judicial punishment (NJP) on  three occasions for the following offenses: three specifications of unauthorized absence (UA), two specifications of disobeying a lawful order, and missing ships movement.  On 18 July 1973, you were counseled regarding your frequent involvement of a discreditable nature.  On 18 September 1973, you received NJP for five specifications of UA.  On 25 September 1973, you were notified of the initiation of administrative separation proceedings by reason of unfitness due to frequent involvement with military authorities, at which point, you waived the right to consult with counsel and your procedural rights.  On 28 September 1973, your commanding officer recommended that you be discharged with a general characterization of service by reason of unfitness.  You were so discharged on 9 October 1973. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contention your discharge was changed six months after your discharge. The Board noted that there is no evidence in your record, and you submitted none, to support your contention that your discharge was upgraded after your discharge.  You are advised that there is no provision in law or regulations that allows for recharacterization automatically after six months or due solely to the passage of time. The Board concluded that your characterization of discharge was appropriate. 

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, 


1/16/2020