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

Docket No: 7161-18                                     
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 21 August 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 7 February 1987.  On 3 August 1987, you were convicted by civilian authorities of driving while intoxicated.  On 18 August 1987, you received your second civilian conviction for carrying a concealed weapon, carrying a concealed firearm and violating probation.  On 26 August 1987, you received your third civilian conviction for burglary.  Subsequently, you were notified of pending administrative separation action by reason of commission of a serious offense as evidenced by your civilian convictions, at which time you elected your procedural right to consult with legal counsel, but waived your right to present your case to an administrative discharge board (ADB).  The commanding officer (CO) recommended that you be administratively discharged with an other than honorable (OTH) characterization of service. The discharge authority approved the CO’s recommendation.  On 24 March 1989, you were discharged with an OTH characterization of service. 

The Board carefully considered your request to upgrade your discharge.  The Board considered your contention that you were discharged for missing movement due to a traffic stop while on liberty, but you were never afforded any of your judicial rights.  You explained that you were unable to contact, nor reach, your ship prior to the ship getting underway.  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 civilian convictions.  You were not discharged for missing ship’s movement, but rather for committing a felony level offense. The Board noted you were given an opportunity to present your case, but waived your procedural right to an ADB.  In view of the forgoing, the Board discerned no material error or injustice in the discharge action that would warrant a change in your characterization of service. 

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, 


10/7/2019