DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 4732-18 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 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 24 July 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, 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 20 March 1986. You served for a year and one month without disciplinary incident, but during the period from 22 April 1987 to 10 February 1988, you received nonjudicial punishment (NJP) on three occasions. Your offenses were unauthorized absence (UA) from your unit for a period of 24 days, failure to go to your appointed place of duty, wrongful use of marijuana, and larceny of government housing allowance for quarters. On 11 February 1988, 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. Your commanding officer recommended discharge under other than honorable conditions. On 15 February 1988, you received NJP for failure to go to your appointed place of duty. The discharged authority approved the commanding officer’s recommendation and directed your separation under other than honorable conditions by reason of misconduct and, on 26 February 1988, you were discharged. The Board carefully considered your request to upgrade your discharge and all potentially mitigating factors, including your contention that you did not know you were supposed to advise your command after your divorce was final, that you have corrected your ways and no longer use drugs or alcohol, and that you would like to receive veterans benefits. 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 four NJPs and wrongful drug use in light of the Navy’s policy of “zero tolerance.” The Board considered your youth and immaturity as factors in your behavior, but concluded that, due to the severity of your misconduct, clemency was not warranted. The Board, in its review, discerned no material error or injustice in your 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.