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

Docket No: 7517-18 
Date: Ref Signature 

Dear: 

This letter is in reference to your application of 20 August 2018 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 that 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 26 September 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, applicable statutes, as well as regulations and policies. 

You enlisted in the Navy and began a period of active service on 19 May 1989.  On 9 June 1990, you were counseled for a period of unauthorized absence (UA) totaling 3 days.  On 11 July 1990, you received non-judicial punishment (NJP) for a period of UA totaling 4 days.  On 14 August 1990, you received NJP for disrespect to a noncommissioned officer.  On 7 December 1990 you received your third NJP.  On 7 December 1990, you were also notified of the initiation of administrative separation action by reason of misconduct-pattern of misconduct.  On 17 December 1990, the discharge authority approved and directed your discharge with an other than honorable (OTH) characterization of service by reason of misconduct-pattern of misconduct, and you were discharged on 2 January 1991. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge.  The Board found that these factors were not sufficient to warrant relief in your case given the severity of your repeated misconduct.  In this regard, the Board concluded the seriousness of your repeated misconduct outweighed your desire to upgrade 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. 

Sincerely, 


10/22/2019