Docket No: 4393-19 
Ref: Signature Date 

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 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 26 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, and applicable statutes, regulations, and policies. 
 
You enlisted in the Navy and began a period of active duty on 29 June 1979.  On 17 September 1980, you received non-judicial punishment (NJP) for unauthorized absence (UA).  On 29 October 1980, you received NJP for UA and sleeping on watch.  On 21 January 1981 and 10 March 1981, you received NJP for UA.  On 30 March 1981, you received NJP for disrespectful language, aggravated assault and UA.  Subsequently, an administrative action to separate you from the naval service was initiated for frequent involvement of a discreditable nature with military authorities.  On 9 April 1981, you waived your right to consult with counsel and to present your case to an administrative discharge board.  After being afforded all of your procedural rights, your case was forwarded to the separation authority for review.  On 10 April 1981, your Commanding Officer recommended that you be discharged with an Other than Honorable (OTH) characterization of service.  On 25 April 1981, the separation authority directed that you be separated with an OTH.  On 5 May 1981, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, and assertions that you believe you were discharged because the Navy said you were not military enough.  The Board also considered your assertions that you were young, but never had confrontations or Article 15s.  Finally, the Board considered your assertion that, if allowed to stay in, you would have made it a career.  The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct, which resulted in five NJPs. 
 
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, 
 
7/6/2020