Docket No: 7308-19
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 26 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 8 March 1972.  On 16 November 1972, you received nonjudicial punishment (NJP) for being absent from your appointed place of duty, and disobeying a lawful order.  On 18 November 1972, medical personnel evaluated you and made a provisional diagnosis of Immature Personality, with aggressive characteristics.  On 2 February 1973, you were notified of administrative discharge action by reason of unsuitability due to character and behavior disorders.  Your case was forwarded to the separation authority recommending that you be discharged by reason of unsuitability.  On 6 February 1973, you received NJP for disrespect towards a petty officer.  On 22 February 1973, you were discharged from the Navy with a general characterization of service.  Thereafter, on 2 March 1973, the separation authority directed your separation from the Navy, with the type warranted by your service record.   
 
Characterization of service is based in part on conduct marks assigned on a periodic basis.  Your conduct average was 2.8.  At the time of your service, a conduct average of 3.0 was required for a fully honorable characterization of service.    
 
The Board carefully weighed all potentially mitigating factors, such as your record of service, and desire to have your characterization of service upgraded, have two battle stars added to your record and increase compensation.  The Board concluded these factors were not sufficient to warrant a change to your characterization of service given, the misconduct and conduct averages set forth in your 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,