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

Docket No:  10842-18             
Ref: Signature date 

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 23 September 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, as well as applicable statutes, regulations, and policies. 

You enlisted in the Navy and began a period of active duty on 16 August 1989.  On 8 July 1997, nonjudicial punishment (NJP) was imposed on you for drunk and disorderly.  On 12 December 1997, NJP was imposed on you for unauthorized absence.  On 18 March 1999, NJP was imposed on you for missing movement through neglect.  Subsequently, administrative discharge action was initiated by reason of a pattern of misconduct and misconduct due to commission of a serious offense. On 24 March 1999, you waived both your rights to counsel and an administrative board.  On 3 April 1999, your commanding officer recommended you be discharged with a general discharge.  You received a general discharge due to commission of a serious offense on 24 May 1999. 

The Board carefully weighed all potentially mitigating factors, such as your request to upgrade your discharge as well as your contentions that most of your military records were destroyed during Hurricane Katrina, any effect the death of your grandfather had upon the behavior which resulted in your discharge, your evaluations and service aboard USS            ,  you felt guilt since your discharge, and you would like to be proud of your Navy service.  The Board noted that you waived your rights in connection with your administrative separation and did not advocate for a more favorable characterization of service when more details were available. The Board concluded there was insufficient support from your mitigating factors and assertions to warrant a change to your discharge given your misconduct, which resulted in three NJPs. 

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, 


11/18/2019