Docket No: 7198-19 
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 it merits.  A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 September 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 on 22 September 1972.  During the period from 7 June 1973 to 26 October 1973, you received five non-judicial punishments (NJP) for two specifications of failure to obey a lawful order, absence from appointed place of duty, assault, communicating a threat, two specifications of unauthorized absence (UA) totaling three days, and wrongful possession of hashish.  Subsequently, you were notified of pending administrative separation action by reason of unfitness due to frequent involvement.  After you waived your rights, your commanding officer (CO) recommended a general under honorable conditions discharge by reason of unfitness due to frequent involvement.  The discharge authority approved this recommendation and directed a general under honorable conditions characterization of service by reason of unfitness.  On 26 November 1973, you were discharged.   
  
The Board noted that 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 2.6.  An average of 3.0 in conduct was required at the time of your separation for an honorable characterization of service. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contention that the state of      denied you veterans’ tax benefits because your Certificate of Discharge or Release from Active duty (DD Form 214) states under honorable conditions.  However, the Board concluded that these factors were not sufficient to warrant upgrading your discharge given your misconduct and final marks in conduct when discharged.   
 
Regarding your contention that the State of  denied you veterans’ tax benefits because your DD Form 214 states that your discharge was under honorable conditions.  The Board noted that whether or not your characterization of service is used to determine tax eligibility is a matter under the cognizance of State of , and you should contact the nearest tax office of the State of  for instructions.  If you have been denied benefits, you should appeal that denial under procedures established by the State of .  
  
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,