Docket No: 2059-21 
Ref: Signature Date 

Dear  
 
This is in reference to your application for correction of your deceased brother Wayne Harriman’s naval record pursuant to Title 10, United States Code, Section 1552.  The Board for Correction of Naval Records (Board) offers its condolences on the loss of your brother, and appreciates his service.  After careful and conscientious consideration of relevant portions of your brother’s naval record and your application, the Board found the evidence submitted 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 23 April 2021.  The names and votes of the panel members 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 the Board.  Documentary material considered by the Board consisted of your application together with all material submitted in support thereof, relevant portions of your brother’s naval record, applicable statutes, regulations and policies, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). 
 
Your brother enlisted in the Navy and began a period of active duty on 31 May 1979.  On 2 April 1980, he received nonjudicial punishment (NJP) for possession of a controlled substance-marijuana.  On 8 April 1980, your brother received a warn and retain notice advising him that further misconduct could result in administrative separation.  On 31 January 1981, he acknowledged the derogatory content on his enlisted evaluation report and declined to make a statement.  On 17 July 1981, your brother began a period of unauthorized absence (UA) which lasted six-days.  On 30 July 1981, he received a second NJP for UA.  On 23 November 1981, your brother requested reassignment for humanitarian reasons.  On the same date, his commanding officer (CO) recommended your brother for reassignment due to humanitarian reasons.  On 11 December 1981, the Chief of Naval Personnel denied your brother’s request for reassignment.  On 22 January 1982, your brother began a second period of UA, which lasted one-hundred and sixty-six days.  On 31 January 1982, he received a 2.8 mark for performance, 2.8 mark for military behavior, and 2.8 mark for military appearance.  On 28 September 1982, your brother was discharged with an other than honorable (OTH) characterization of service.       
 
The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your brother’s case in accordance with the Wilkie Memo.  These included, but were not limited to, your brother’s contention that his sister was sick and he needed to tend to her.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your brother’s repeated misconduct, as evidenced by his NJPs, outweighed these mitigating factors.  The Board noted that your brother did not submit any documentation or advocacy letters to be considered.  Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief. 
 
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, 
5/6/2021
Executive Director