Docket No: 7948-19 
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 you did not file your application 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 4 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 and began a period of active duty on 17 June 1985.  On 19 December 1985, you were counseled for failure to properly utilize the chain of command, poor work habits, substandard performance, and inadequate completion of tasks.  You were advised that failure to take corrective action could result in administrative separation or judicial proceedings.  You signed the counseling entry and did not make a rebuttal statement.  On 2 January 1986, you were again counseled regarding poor work habits, substandard performance, and inability to complete assigned tasks adequately or in timely manner.  You were again advised of the potential for administrative separation.  You signed the counseling entry and did not make a rebuttal statement.  You signed your Enlisted Performance Evaluation Report for the period of 20 August 1995 to 31 January 1986.  In the comments section, your reporting senior wrote that you had not adapted to military lifestyle, you were a chronic complainer and showed no potential.  Additionally, he noted you had numerous counseling sessions that resulted in no visible change in your attitude, you were incapable of performing even modest tasks, and your lack of effort and unresponsive attitude had resulted in your shipmates accomplishing your work on a regular basis.  Lastly, he wrote, “An uncooperative person who shows little ambition to succeed.”  You were not recommended for advancement or retention in the Navy.  On 5 February 1986, you were notified of administrative separation due to unsatisfactory performance.  After being afforded all of your procedural rights, you elected not to consult with counsel, and your case was forwarded to the separation authority for review.  Your commanding officer recommended that you receive a general (under honorable conditions) characterization of service, and the separation authority approved your separation from the Navy.  On 26 February 1986, after completing 8 months and 10 days of service, you were discharged with a general characterization of service, a separation code “JHJ,” and a narrative reason for separation “Unsatisfactory Performance.” 
 
You request a change to your narrative reason for separation.  You assert you were never aware of having unsatisfactory performance issues prior to receiving the DD Form 214 last year.  You believe that narrative reason for separation to be in error or unjust. 
 
The Board found no error in the records.  Additionally, the Board carefully weighed all potentially mitigating factors, such as your record of service and contentions and concluded these factors were not sufficient to warrant a change to your narrative reason for separation.  With respect to your contention that you were unaware of your unsatisfactory performance until you received a DD Form 214 last year, the Board noted you signed both counseling entries and your performance evaluation, all of which detailed your substandard performance.  Additionally, the Board noted that you were notified, in writing, that you were being processed for administrative separation specifically due to your unsatisfactory performance. 
 
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,