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

Docket No: 4837-19 
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 16 June 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, 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 1 April 1980.  During the period from 8 August 1980 to 1 December 1981, you received four non-judicial punishments (NJP) for four specifications of unauthorized absence (UA) totaling 29 days, two specifications of absence from appointed place of duty, derelict in the performance of duty, breaking restriction, two specifications of failure to obey a lawful order, and failure to go to appointed place of duty.  A summary court-martial (SCM) convicted you of UA for three days, missing ship’s movement, and breaking restriction. A special court-martial (SPCM) convicted you of UA totaling 58 days.  On 3 December 1981, civil authorities arrested you for breaking and entering. You were released on bond. On 26 January 1982, civil authorities arrested you for failure to appear.  On 29 July 1982, you were sentenced to ten years of confinement for breaking and entering and failure to appear.  Subsequently, you were notified of an administrative action to separate you from the naval service for misconduct due to civil conviction.  You elected to consult with legal counsel and subsequently requested an administrative discharge board (ADB).  The ADB found that you committed misconduct due to civil conviction and recommended you receive an other than honorable (OTH) discharge. 

After being paroled and returned to military control, on 25 February 1983, you received NJP for two specifications of UA totaling three days.  On 9 March 1983, the discharge authority concurred with the ADB and directed an OTH discharge for civil conviction.  On 24 March 1983, you were so discharged. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, and contention that you were young and immature when enlisted.  However, the Board concluded that your current characterization does not reflect an error or injustice that merits corrective action.  Regarding your contention that you were young and immature when enlisted, the Board noted that your record reflected your misconduct and the evidence of record did not show that you were not responsible for your conduct or that you should not be held accountable for your actions.
 
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,