Docket No: 5337-19 
Ref: Signature date 

Dear : 
 
This letter 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 with respect to your request to upgrade your characterization of service 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 on 17 April 1978.  On 11 August 1978, you received nonjudicial punishment for unauthorized absence and leaving your post.  Next, you received nonjudicial punishment on 9 January 1979 for another unauthorized absence.  On 7 February 1979, you received nonjudicial punishment for another unauthorized absence and missing movement.  On 24 July 1979, you received nonjudicial punishment for four periods of unauthorized absence as well as for disobeying a lawful order.  Finally, on 28 December 1979, you received nonjudicial punishment for several unauthorized absences, failing to pay a just debt, and breaking restriction.  On 24 January 1980, you were notified that you were going to be administratively separated and you entered into a written agreement with your command that you would receive a general discharge.  Chief of Naval Personnel found that the agreement you entered into with your command was improper and directed that you be re-notified of administrative processing.  On 15 February 1980, you were so notified, and you waived your rights with respect to administrative processing.  On 14 March 1980, you were discharged with an other than honorable characterization of service. 
 
The Board carefully weighed all of your contentions as well as all potentially mitigating factors, such as your desire to upgrade your discharge, your assertion that when you joined the Navy in 1978, you had personal hardships, personal assault, and mental illness that led to your uncharacteristic, destructive behavior.  The Board noted that you did not provide any evidence to support your contentions.  After careful consideration of your contentions, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service. However, the Board did note that your DD Form 214 incorrectly indicates your character of service as “general under other than honorable conditions.”  If you would like your character of service administratively corrected to “under other than honorable conditions,” you may send a request to Navy Personnel Command (PERS-312), 5720 Integrity Drive, Millington, TN, 38055-3120. 
 
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,