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

Docket No: 0986-19 
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 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. 

Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will 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 and began a period of active duty on 29 December 1971.  On 12 December 1973, you were convicted by special court-martial (SPCM) of an unauthorized absence totaling 95 days.  Four months later, on 23 April 1974, you were convicted by a second SPCM of an unauthorized absence totaling 29 days.  Subsequently, you were notified of pending administrative action to separate you from the naval service due substandard performance and inability to adapt to military service.  Your commanding officer (CO) recommended that you be administratively discharged with a general (under honorable conditions) (GEN) characterization of service. The discharge authority approved the CO’s recommendation and directed that you be discharged with a GEN discharge by reason of unsuitability (substandard performance).  On 18 June 1974, you were so discharged.  The Naval Discharge Review Board reviewed your characterization of service and, on 11 January 1980, determined that it was proper as issued and that no change was warranted. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge.  The Board considered your contention that you were given a discharge to save the commission of a JAG Officer.  You state that you believed that, had you not accepted this discharge, you would have received an other than honorable or dishonorable discharge.  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 two SPCM convictions.  Regarding your contentions, there is no evidence in your record, and you presented none, to support them.  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. 

Sincerely, 


3/6/2020