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 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 case on its merits. A three-member 
panel of the Board for Correction of Naval Records, sitting in executive session, considered your 
application on 29 August 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 and applicable 
statutes, regulations and policies. 

A review of your record shows that you entered active duty with the Navy in February 1988. 
Between January 1989 and September 1989, non-judicial punishment was imposed on you for 
unauthorized absence, missing movement, insubordination, sleeping on watch, and an orders 
violation. Non-judicial punishment was again imposed on you on 16 July 1991 for unauthorized 
absence that resulted in the Navy’s decision to administratively process you for separation due to 
your pattern of misconduct. You were notified of administrative separation processing on 18 
July 1991 and were discharged on 4 September 1991 with an Other than Honorable 
characterization of service due to misconduct. 

The Board carefully considered your arguments that you deserve a change to your narrative 
reason for separation to disability since you were under the impression you were being processed 
for a disability condition. Unfortunately, the Board disagreed with your rationale for relief. 
First, the Board determined the Navy properly discharged you for pattern of misconduct based 
on your documented history of misconduct. Based on this finding, the Board concluded you 
were ineligible for disability processing since misconduct processing supersedes disability 
processing under the disability regulations. Second, the Board also found the preponderance of 
the evidence does not support a finding that you were unfit for continued naval service at the 
time of your discharge. Even though there is evidence of treatment for patellofemoral syndrome 
and back pain in your record, the Board noted that you were medically cleared for separation on 
4 September 1991. Based on this evidence, the Board found that you were fit for continued 
active duty at the time of your discharge for misconduct. Accordingly, the Board found 
insufficient evidence of error or injustice to warrant a change to your record. 

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 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.