Docket No: 5804-19 
Ref: Signature Date 


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 you did not file your application 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 for Correction of Naval Records, 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 U.S. Navy Two-Year Enlistment Test Program and began a period of active duty on 20 August 1979. You agreed to serve two years on active duty with the remainder of your six year obligation in the Naval Reserve in a non-drill category.  On 19 August 1980, you began a period of unauthorized absence (UA) that continued until your surrender to military authorities on 8 September 1980. On 13 September 1980, began another period of UA that terminated with your apprehension on 28 September 1980.  On 14 October 1980, you received nonjudicial punishment (NJP) for the aforementioned periods of UA. On 22 February 1981, you received NJP for UA for a period of one day.  On 4 April 1981, you received NJP for multiple periods of UA, disobeying a lawful order, and possession of a controlled substance aboard ship.  On 21 September 1981, you were released from active duty and transferred to the Naval Reserve with a general (under honorable conditions) characterization of service. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge.  The Board concluded there is insufficient evidence to warrant relief in your case given your military behavior marks at the time of your discharge.  During the period you served, an average of 3.0 was required in military behavior for an honorable characterization of service.  Based upon your repeated NJPs, you did not meet this minimum, and therefore ineligible for an honorable characterization of service.  In this regard, the Board concluded your misconduct outweighed your desire to upgrade your discharge, and your discharge appropriately characterized your service, therefore, no change is warranted. 

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 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.