Docket No: 0711-19 
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 22 January 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 27 February 1976.  On 24 August 1976, you received non-judicial punishment (NJP) for two specifications of unauthorized absence totaling 31 days.  Subsequently, on 28 February 1979, you were not recommended for reenlistment, you were released from active duty with a general (under honorable conditions) characterization of service, and transferred to the Naval Reserve.  On 11 January 1982, you were discharged from the Naval Reserve with a general (under honorable conditions) character of service by reason of expiration of enlistment/fulfillment of service obligation. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge.  The Board considered your contention that at the time of your release from active duty you were told that, in time, your discharge would automatically be upgraded.  The Board also considered your contentions that you signed your Certificate of Release or Discharge from Active Duty (DD Form 214) under a verbal protest and that you believe that you were entitled to an honorable discharge.  The Board concluded that these factors were not 
sufficient to warrant relief because of the seriousness of your misconduct.  Additionally, the Board noted character 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 2.80.  An average of 3.0 in conduct was required at the time of your separation for a fully honorable characterizations of service.  Under the totality of the circumstances, the Board discerned no probable material error or injustice in the 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.