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

Docket No: 7965-18   
Date: Ref Signature 

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 4 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, 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 service on 6 December 1988.  On 14 August 1990, you received a civil conviction for driving under the influence (DUI).  On 9 January 1991, you were convicted at a summary court martial (SCM) for a period of unauthorized absence (UA) from 21 October 1990 to 28 December 1990.  On 19 February 1991, you were notified of the initiation of administrative separation processing by reason of misconduct due to the commission of a serious offense, at which point, you waived your right to counsel and your procedural rights.  You went UA on 27 February 1991.  On 16 April 1991, the discharge authority approved and directed that you be discharged with an other than honorable (OTH) characterization of service. On 19 March 1992, you returned from UA status.  You were discharged on 2 June 1992. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contentions your discharge was based on one isolated incident.  As with each case before the Board, the seriousness of a single act must be judged on its own merit; it can neither be excused nor extenuated solely on its isolation.  The Board concluded that the severity of your misconduct outweighed your current 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. 

Sincerely, 


10/6/2019