Docket No: 3882-21 
                      
 
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 July 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 4 November 1976.  On 2 April 1977, you began a period of unauthorized absence (UA) which lasted three-days.  On the same date, you missed the sailing of the .  From a period beginning on 7 April 1977 to 14 August 1979, you received nonjudicial punishment (NJP) on eleven occasions for the following offenses:  10 periods of UA, 2 instances of missing ship movement, absence from your appointed place of duty, insubordinate conduct towards a superior petty officer, possession of a controlled substance and paraphernalia, and unlawful entry.  On 16 August 1979, you were notified of the initiation of administrative separation proceedings by reason of misconduct due to frequent involvement of a discreditable nature with military authorities.  On 17 August 1979, you began an eleventh period of UA which lasted seven days and resulted in your apprehension by military authorities.  On 29 August 1979, you elected to waive your right to present your case before an administrative discharge board.  On 30 August 1979, you received a twelfth NJP for making false statements, and attempting to desert your ship while on restricted status.  On 21 September 1979, your commanding officer forwarded your separation package to the separation authority recommending your separation with an other than honorable (OTH) characterization of service.  On 5 October 1979, the separation authority approved the recommendation, and on 12 October 1979, 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 young, immature, and not aware about what you were doing.  You also contend that the passing of your son impaired your ability to function normally.  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 NJPs, 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, 
  									      8/18/2021
									      Executive Director