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

 Docket No: 4821-18 

 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 
22 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 26 August 1986. On 
22 July 1987, you received nonjudicial punishment (NJP) for 19 days of unauthorized absence 
(UA). Between 25 September 1987 and September 1988, you received six NJPs for 21 periods 
of UA, two instances of disobeying a lawful order dereliction of duty, three instances of larceny, 
failure to obey an order, and failure to go to your appointed place of duty. Subsequently, 
administrative discharge action was initiated to separate you from the Navy due to a pattern of 
misconduct. After being afforded your procedural rights, you elected to have your case heard 
before an administrative discharge board (ADB). On 24 October 1988, an ADB found that you 
had committed a pattern of misconduct and recommended that you receive an other than 
honorable (OTH) discharge. On 7 December 1988, your commanding officer forwarded your 
case to the separation authority concurring the ADB’s findings and recommendation. On 
22 January 1989, the separation authority directed that you receive an OTH discharge due to a 
pattern of misconduct. You received your OTH discharge on 25 January 1989. 

The Board carefully considered your request to upgrade your discharge and assertion that you 
were not aware of the consequences of your actions and the impact it would have on your 
veteran’s benefits. The Board concluded these factors and assertions were not sufficient to 
warrant a change to your characterization of service given your misconduct, which resulted in 
seven NJPs. The Board did not find 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.