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

Docket No: 545-19                
Ref: Signature Date 

Dear :

This is in reference to your application of 6 December 2018 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 17 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, 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 4 June 1974.  During the period from 27 May 1975 to 1 July 1977, you received five non-judicial punishments (NJP) for unauthorized absence (UA), disobeying a lawful order, jumping ship, derelict in the performance of your duty, wrongful use and sale of drugs, provoking speeches or gestures, and communicating a threat. On 10 May 1978, you were discharged with a general under honorable conditions characterization of service at the expiration of your service obligation and you were transferred to the Navy Reserve. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and contentions that you served all four years, completed two West-Pac tours, and you were never in any real trouble.  However, the Board concluded that your misconduct and low marks in behavior outweighed your desire to upgrade your discharge.  The Board also noted that characterization of service is based, in part, on conduct and overall trait averages which are computed from marks assigned during periodic evaluations.  Your conduct average was 2.8. An average of 3.0 in conduct was required at the time of your separation for a fully honorable characterization of service.  Regarding your contention that you served all four years and completed two West-Pac tours, the Board noted that a Sailor’s service is characterized at the time of discharge based on performance during the current enlistment.  Regarding your contention that you were never in any real trouble, the Board noted that the record contains documented evidence which is contrary to your contention.  The record shows that during the period from 27 May 1975 to 1 July 1977, you received 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, 


1/12/2020