Docket No: 3522-18
Ref: Signature date 
 

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 njustice. 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 26 June 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 22April 1987.  During the period from June to January , you received nonjudicial punishment (NJP) on three 
occasions. Your offenses were unauthorized absence (UA) from your unit for periods totaling 31 days and failure to obey a lawful order. Subsequently, you were notified of pending 
administrative separation by reason of misconduct due to a pattern of misconduct at which time you waived your procedural rights to consult with legal counsel and to present your case to an administrative discharge board (ABD). Your commanding officer recommended discharge 
under other than honorable conditions by reason of misconduct due to a pattern of misconduct. 
The discharged authority approved this recommendation and directed your separation under 
other than honorable conditions by reason of misconduct and on you were discharged. 

The Board carefully weighed all potentially mitigating factors, including your contentions that you were a “squared away Sailor” and needed a hardship discharge for family reasons, because three of your uncles and your grandfather passed away in months of each other, plus your girlfriend was pregnant. The Board concluded these factors were not sufficient to warrant relief in your case because of the seriousness of your repeated misconduct that resulted in three NJPs and over 30 of UA. The Board was sympathetic to your family difficulties and considered your youth and immaturity as factors in your behavior, but did not consider your misconduct to be mitigated by your family problems. The Board, in its review, discerned no material error or injustice in the discharge. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken at this time. 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,