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

Docket No: 7415-18 
Ref: Signature date

Dear Mr.	:

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 20 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, relevant portions of your naval record, as well as applicable statutes, regulations, and policies.

You enlisted in the Navy on 3 December 1981.  During the period from 2 June to 14 September 1983. You received three nonjudicial punishments (NJP) for failure to go to your appointed place of duty, disrespect toward a petty officer, two specifications of failure to obey a lawful order, two specifications of failure to obey a lawful order from a superior commissioned officer, and two specifications of failure to obey a lawful order from a superior petty officer.

Subsequently, you were notified of pending administrative separation action by reason of misconduct due to a pattern of misconduct/frequent involvement with military authorities. You exercised your right to speak with an attorney, but waived your right to present your case to an administrative discharge board. Your commanding officer (CO) recommended a general under other than honorable (OTH) conditions discharge. The discharge authority approved this recommendation. On 23 November 1983, you were discharged with an OTH characterization of service.

The Board carefully considered your request to upgrade your discharge and your contentions that you were given the option for discharge due to racial prejudice among members of your command; you were routinely harassed based on your race and the prejudice manifested into verbal harassment and misrepresentation to your CO. There is no evidence in your record, and you submitted none, to support your contentions. Given your repeated in-service misconduct, the Board found that there was no material error or injustice in your discharge characterization.

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,