Docket No: 9012-19 
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 the evidence with respect to your request to upgrade your characterization of service was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 
 
Although you did not file the application in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider the application on its merits.  A three-member panel of the Board, sitting in executive session, considered the application on 29 July 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 the 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 that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the Navy on 4 September 1979.  On 30 June 1980, you received nonjudicial punishment for unauthorized absence.  On 26 September 1981, you again received nonjudicial punishment, this time for failing to obey a lawful order.  You were also issued a written warning the same day due to your misconduct and frequent involvement with military authorities.  On 2 February 1982, you were issued a written counseling concerning your adverse performance evaluation.  You were released from active duty on 4 September 1982, having completed your enlistment obligation.  You were issued a general discharge. 
 
In your petition, you assert that you felt your evaluation and discharge characterization were unfair and you made a statement concerning this when you were being processed for terminal leave.  You also assert that you served with pride, did your job honorably, and you only received a general discharge because your division officer was biased against you because you would not reveal certain information you had concerning drug users.  The Board carefully weighed all of these contentions as well as all potentially mitigating factors.  After careful consideration of your contentions, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service, reentry code, or separation code.  In making its decision, the Board considered that a general characterization of service was appropriate in your case considering you had received nonjudicial punishment on two occasions as well as having an adverse performance evaluation.  The Board found that you did not provide a basis for which the Board could upgrade your characterization of service. 
 
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,