DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490

Docket No: 9440-19  
Ref: Signature Date 

Dear 

This is in reference to your application of 25 September 2019 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 Board, sitting in executive session, considered your application on 30 January 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, 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 April 1969.  On 1 September 1970, you were given an administrative remarks (Page 13) entry assigning a 2.8 for military behavior because you did not “put forth a sincere effort to maintain personal affairs.” On 8 October 1970, you were notified of an administrative action to separate you from the naval service due to unsuitability by reason of alcohol abuse and financial irresponsibility.  On 22 October 1970, you received non-judicial punishment for larceny.  On 27 October 1970, your commanding officer recommended discharge for unsuitability.  The discharge authority approved the recommendation and directed a type-warranted-by-service record discharge.  On 2 December 1970, you were discharged with a general, under honorable conditions (GEN), characterization of service. Your final trait average was 3.25. 

The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention that you were told that your discharge would be upgraded to “honorable conditions” after twelve months.  The Board, noting that from 1969 to October 1982, an honorable characterization of service was warranted if one’s military behavior was a 3.0 with an overall trait average of 2.7 or higher, determined the 2.8 in military behavior assigned on 1 September 1970 made a GEN discharge warranted by service record.  Additionally, the Board, noting you did not submit any supporting documentation, post-service information, or advocacy letters, did not find evidence of an error or injustice that warrants upgrading your characterization of service. Further, there is no provision of law or in Navy regulations that allows for recharacterization of service due solely to the passage of time.  Based on your misconduct, the Board determined you were assigned an appropriate 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, 


3/3/2020