DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 4733-18 Ref: Signature Date Dear This letter 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, together with all material submitted in support thereof, 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 14 May 1986. On 24 June 1988, you received non-judicial punishment (NJP) for dishonorably failing to pay debt. On 10 November 1988, you were convicted by summary court-martial (SCM) for two instances of unauthorized absence for the periods 8 August 1988 to 13 September 1988 and 15 September 1988 to 16 October 1988. On 17 November 1988, you received your second NJP for disobeying a superior commissioned officer and dishonorably failing to pay debt. Subsequently, you were notified of the initiation of, and your rights in connection with, administrative separation processing, at which time you waived your rights to consult with legal counsel and to present your case to an administrative discharge board (ADB). The commanding officer (CO) recommended that you be discharged with an other than honorable (OTH) character of service. The discharge authority approved this recommendation and directed that you be discharged with an OTH character of service. On 6 December 1988, you were discharged. The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, submission of character letters and assertion that you received an OTH discharge because of a choice you made. You now understand, you should have asked for help because you were young and married with two children, ages 6 months’ and 2 years old. The Board concluded that these factors were not sufficient to warrant relief. In this regard, the Board considered your assertion, and submission of character letters, but concluded the seriousness of your repeated misconduct that resulted in two NJPs and SCM, outweighed your desire to upgrade your discharge. In regard to your assertion, the Board considered your youth and immaturity as factors in your behavior, but concluded that the seriousness of your repeated misconduct outweighed your desire to upgrade your discharge. The Board in it review discerned no impropriety or inequity 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 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.