DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 7355-19 Ref: Signature Date 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 7 April 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. Regarding your request for a personal appearance, the Board determined that a personal appearance, with or without counsel, would not materially add to their understanding of the issues involved. Therefore, the Board determined a personal appearance was not necessary and considered your case based on the evidence of record. You enlisted in the Navy and began a period of active duty on 14 July 1980. On 2 October 1982, you received nonjudicial punishment (NJP) for using another Sailor’s chow pass with intent to deceive and were awarded reduction in rank, which was suspended for six months. On 2 November 1982, you were counseled and advised that failure to take corrective action could result in administrative separation. On 2 June 1983, you received a second NJP for two instances of unauthorized absence (UA). You were reprimanded and ordered to move back aboard the Naval Air Station. On 13 June 1983, you were decertified from the Personal Reliability Program and removed from nuclear weapons duties due to a positive urinalysis. On 30 June 1983, you were counseled regarding your derogatory Enlisted Performance Evaluation Report. On 1 August 1983, you were disqualified from duties involving flying and your Naval Air Crew Designator was cancelled. On 28 August 1983, you were arrested by civilian authorities for grand theft. You were UA from 3 November 1983 to 5 November 1983, and again from 20 November 1983 to 23 November 1983. On 28 November 1983, you began a period of UA that continued until 16 January 1984. You were UA again from 7 April 1984 to 9 April 1984. On 22 April 1984, you were convicted by summary court-martial (SCM) for violating Article 86 (UA) of the Uniform Code of Military Justice (UCMJ). You were sentenced to forfeiture of pay, confinement, and reduction in rank. On 3 May 1984, administrative discharge action was initiated and you elected to have a hearing before an administrative discharge board (ADB). On 27 May 1984, an ADB voted to separate you with an other than honorable (OTH) characterization of service. On 1 July 1984, you received a third NJP for seven instances of UA and were awarded bread and water for 3 days, forfeiture of pay, and extra duties. On 22 July 1984, you received a fourth NJP for larceny and awarded forfeiture of pay, restriction, extra duties, and reduction in rank. On 5 September 1984, you were discharged with an OTH characterization of service, a “GKQ” separation code, an “RE-4” reentry code, and “misconduct/ commission of a serious offense” narrative reason for separation. You request the Board upgrade your discharge to honorable, change your reentry code to RE-1, change your narrative reason for separation to convenience of the government (COG), and change your separation code to correspond to COG. You assert you were unaware that you could petition the Board for an upgrade until you received notification from the Department of Veterans Affairs (VA) of recent legislation that allows the VA to provide health care to certain former service members with OTH discharges. The Board carefully weighed all potentially mitigating factors, such as your record of service and your contentions and concluded these factors were not sufficient to warrant a change to your discharge given your misconduct that resulted in four NJPs and a SCM. Whether or not you are eligible for benefits is a matter under the cognizance of the VA. If you have been denied benefits, you should appeal that denial under procedures established by the VA. 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, 4/24/2020