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

Docket No: 7114-19 
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 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 13 February 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

You enlisted in the Navy on 30 April 1981.  On 18 March 1982, you received nonjudicial punishment (NJP) for sleeping on watch.  That same day, you received a formal counseling entry regarding your “frequent involvement of a discreditable nature with military authorities.” On 14 March 1985, you received a second NJP for wrongful appropriation of government property and drunk and disorderly conduct.  From 23 April 1985 to 12 May 1985, you were in an unauthorized absence status from your command, the , misconduct which does not appear to have been adjudicated.  On 24 May 1985, you were discharged with a general, under honorable conditions (GEN), characterization of service by reason of release from active duty and transfer to the naval reserve under an authorized program of circumstance.  At the time of your discharge, you received a performance evaluation with a 1.0 in reliability, military bearing, and personal behavior and were not recommended for retention. 

The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention an officer had a “personal vendetta” against you.  Specifically, you contend that your “reviews” were “all exceptional until last duty station and ship” but a new lieutenant junior grade, with whom you had an argument, “made it his job’s work to humiliate and discredit” you at every opportunity.  You further contend you were experiencing “personal distress” due to a failing marriage.  Additionally, you contend that your post-service record warrants an upgrade to your characterization of service.  Specifically, you contend that you have been married to your second wife for 33 years, and have four children and three grandchildren.  You further contend you have upstanding character, have been involved with local politics, and are a“pillar of the community.”  However, the Board, noting that you did not submit any supporting documentation or advocacy letters, did not find evidence of an error or injustice that warrants upgrading your characterization of service. 

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,