Docket No: 10788-18 
Ref: Signature Date 
 

Dear : 
 
This is in reference to your application of 15 September 2018 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 that 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 29 January 2020.  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, relevant portions of your naval record, and applicable statutes, regulations, and policies. 
 
You enlisted in the Navy and began a period of active duty on 8 November 1977.  You subsequently was released from active duty and transferred to the naval reserve on 7 November 1980 with an Honorable characterization of service.  You reenlisted into the Navy on 1 February 1982.  On 6 May 1983, you received your first non-judicial punishment (NJP) of this enlistment for an unauthorized absence.  On 27 August 1985, you received your second NJP for failure to obey a lawful order.  On 1 November 1985, you received your third NJP for disrespect toward a superior noncommissioned officer.  Subsequently, you were notified of pending administrative action to separate you from the naval service.  On 12 November 1985, you were advised of your procedural rights.  You elected to consult with consult and waived your right to present your case to an administrative discharge board (ADB).  Your commanding officer (CO) recommended that you be administratively discharged from the naval service with an other than honorable (OTH) characterization of service.  The discharge authority approved the CO’s recommendation and directed that you be discharged with an OTH characterization of service for misconduct.  On 10 December 1985, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge.  The Board considered your contention that you never should have been discharged with an OTH discharge.  Your discharge should be Honorable.  You contend that your discharge was due to false charges being brought against you by a Senior Chief and Yeoman First Class in retaliation for your outspoken Christian faith.  The Board concluded that these factors were insufficient to warrant relief in your case because of the seriousness of your repeated misconduct that resulted in three NJPs.  Regarding your contention that your discharge was in retaliation for your outspoken Christian faith, there is no evidence in your record and you presented none to support your contention.  Under the totality of the circumstances, the Board discerned no probable material 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.