DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 0876-19 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 Boards, sitting in executive session, considered your application on 12 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, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. You enlisted in the Navy and began a period of active duty on 29 July 1975. During the period from 12 December 1975 to 10 September 1976, you received three non-judicial punishments (NJP) for misconduct including wrongful possession of marijuana, assault, two specifications of wrongfully communicating a threat, breaking restriction, and an unauthorized absence totaling four days. On 31 January 1977, you received your fourth NJP for disrespect toward a superior noncommissioned officer and wrongfully communicating a threat. Subsequently, you were notified of pending administrative action to separate you from the naval service due to your frequent involvement of a discreditable nature with military authorities. You were advised of, and elected your procedural rights, to consult with and be represented by military counsel, and your right to present your case to an administrative discharge board (ADB). After consultation with military counsel, you signed a conditional agreement between yourself and the commanding officer (CO) stating that you will waive your right to present your case to an ADB provided that you were recommended for a general (under honorable conditions) (GEN) characterization of service. Accordingly, your CO recommended that you be administratively separated from the naval service with a GEN characterization of service. The separation authority approved the recommendation and directed administrative discharge with a GEN characterization of service. On 24 August 1977, pursuant to your request, you were so discharged. The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge. The Board considered your contention that “the let you out” and that you did not request to be given a discharge, but that the “Captain offered it to [you].” You further state that, if he had not approached you, you would have gone to your next ship. You also state that you do not feel that you were that “bad” of a person, but the did not like you and you wanted to get back to your girlfriend. You state that you made a bad choice. You also state that you have been retired from the railroad for 38 years. However, the Board concluded that these factors were insufficient to warrant relief in your case because of the seriousness of your repeated misconduct that resulted in four NJP’s, and your voluntary agreement with the CO, after consulting with legal counsel, to waive your ADB (and potential other than honorable characterization of service) in exchange for a GEN characterization of service discharge. Under the totality of the circumstances, the Board discerned no probable material error or injustice in the discharge. 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.