Docket No: 2095-21 
Ref: Signature Date 

Dear  
 
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 relevant portions of your naval record and your application, the Board for Correction of Naval Records (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 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). 
 
You enlisted in the Navy and began a period of active duty on 22 February 1979.  On 7 May 1979, you began a period of unauthorized absence (UA) which lasted 5 hours and 40 minutes.  On 11 May 1979, you received nonjudicial punishment (NJP) for the period UA.  On 13 June 1979, you began a second period of UA which lasted 44 days.  On 31 July 1979, you began a third period of UA which lasted 109 days.  On 14 October 1979, you surrendered at Fort MacPherson, Georgia, and you were later transferred to Fort Gordon, GA, for psychological evaluation treatment.  On 31 October 1979, you were transferred to Naval Regional Medical Center Charleston, GA, for further psychological evaluation.  On 20 November 1979, your received a warning and retention notice, and you were advised that further misconduct may result in disciplinary action or administrative separation.  On 4 December 1979, you were convicted by summary court-martial (SCM) for the aforementioned periods of UA.  On 17 December 1979, you were notified that you were being recommended for discharge from the Naval Service by reason of unsuitability, at which point, you waived all of your procedural rights.  Your commanding officer then forwarded your package to the separation authority recommending your discharge by reason of unsuitability, with a General characterization of service.  On 21 December 1979, your separation proceedings were determined to be sufficient in law and fact, and you were discharged.     
 
The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo.  These included, but were not limited to, your contention that you were performing undercover work for NIS agents while they were trying to solve a murder case.  The Board noted you did not submit any documentation or advocacy letters to be considered.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your repeated misconduct, as evidenced by your NJP and SCM, outweighed these mitigating factors.  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