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

Docket No: 10370-18  
Date: Ref Signature 

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 27 November 2019.  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, applicable statutes, and regulations and policies. 

You enlisted in the Navy and began a period of active service on 11 May 1982.  On 13 January 1983, you received non-judicial punishment (NJP) for unauthorized absence (UA) from your appointed place of duty, and disrespect toward a senior petty officer.  On 23 January 1984, you were counseled regarding your minor disciplinary infractions and pattern of misconduct.  On 25 January 1984, you received NJP for disobedience of a lawful order.  On 15 February 1984, you received NJP for UA.  On 18 March 1984, you received NJP for two specifications of UA, disrespect towards a superior petty officer, disobeying a superior petty officer, provoking speech or gestures, two specifications of failure to obey a lawful order, and assault.  On 19 March 1984, you were notified of the initiation of administrative separation proceedings by reason of misconduct due to a pattern of misconduct, at which point, you waived counsel and your procedural rights.  On 20 April 1984, you received NJP for two specifications of disrespect toward a superior petty officer.  On 4 May 1984, the discharge authority approved and directed an other than honorable (OTH) characterization of service by reason of misconduct due to a pattern of misconduct, and you were discharged on 7 May 1984. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, and contention you were young and a personal matter caused you to get in trouble.  The Board noted you failed to provide evidence regarding your personal matter. Further, in regard to your contention, the Board considered your youth and immaturity as factors in your behavior, but concluded that the severity of your misconduct outweighed your current desire to upgrade your discharge.  The Board in it review discerned no 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, 


1/5/2020