Docket No: 6728-19 
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 19 October 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 Navy and began a period of active duty on 29 September 1978.  On 21 January 1981, you were convicted by special court-martial (SPCM) of 148 days of unauthorized absence (UA).  You were sentenced to a reduction in paygrade, a forfeiture of pay, confinement at hard labor, and restriction.  On 27 February 1981, you were, counseled due to your frequent involvement of discreditable nature with military authorities and warned that further misconduct could result in administrative discharge action.  On 15 April 1983, you received nonjudicial punishment (NJP) for wrongful use of marijuana.  You remained on active duty until 18 April 1983, when you were, discharged from the Navy with a general characterization of service, at the expiration of your enlistment.    
  
The Board carefully weighed all potentially mitigating factors, such as your record of service, and desire to have your characterization of service upgraded.  The Board also considered your assertions that: (a) you used another servicemembers chow pass because you were on comrats, and your ship was at sea, and because of this, you did not receive a check, and you had no money for food; (b) you were caught with a pot pipe, which was not in your possession; (c) you have not smoked since you got out in 1983; and (d) you would like to be considered for Veterans Administration insurance and other benefits.  The Board concluded these factors and assertions were not sufficient to warrant a change to your characterization of service, given the misconduct set forth in your service record.      
  
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.    
 
           Sincerely,