Docket No: 4942-19 
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 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 25 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, 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 duty on 23 February 1980.  On 26 August 1982, you received non-judicial punishment (NJP) for an unauthorized absence, failure to obey a lawful order and dereliction in the performance of duty, and failure to properly maintain a correct uniform.  On 13 January 1983, you received your second NJP for disobeying a lawful order and disrespect toward a superior noncommissioned officer.  Although your administrative separation documentation is not in your service record, based on your Certificate of Release or Discharge from Active Duty (DD Form 214), you were discharged on 21 January 1983, with a general (under honorable conditions) characterization of service by reason of convenience of the government. 
 
Character of service is often based, in part, on the overall trait average (OTA), computed from marks assigned on a periodic basis.  Your OTA was 2.69, which was below the OTA of 3.0 required at the time of your separation for a fully honorable characterization of service. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge.  The Board considered your assertion that there was no error made.  You would like to upgrade your discharge for your mother before she passes away.  After careful consideration, the Board concluded these factors were not sufficient to warrant relief in your case because of your repeated misconduct that resulted in two NJPs and failure to attain the required OTA.  The Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to the contrary (as is the case at present), will presume that they have properly discharged their official duties.  Accordingly, under the totality of the circumstances, the Board, in its review, determined that there was no probable material error or injustice in your discharge. 
 
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, 
 
8/26/2020


Executive Director