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

Docket No: 8179-18 
Date:
Ref Signature

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
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, as well as applicable statutes, regulations, and policies.

Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record.

You enlisted in the Navy and began a period of active service on 24 June 1982. From the period beginning on 24 September 1982 to 4 December 1985, you received nonjudicial punishment (NJP) on four occasions for the following offenses: stealing property from the Exchange, attempted larceny, unauthorized absence (UA), breaking restriction, and willful disobedience of a petty officer. On 17 December 1985, you were convicted at a special court-martial (SPCM) for UA and breaking restriction. On 13 January 1986, 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 counsel and your procedural rights. The discharge authority approved your discharge and directed an OTH characterization of service. You were discharged on 2 June 1986.

The Board carefully considered your request to upgrade your discharge and contention you were falsely accused of theft by another Sailor. You stated that you are innocent, and the charges against you were racially motivated. Concerning your assertion of racial prejudice, there is no indication in the record, and you provided none, to reflect that such problems existed. The Board also considered your post-service accomplishments as a career firefighter. The Board, however, concluded that the severity of your repeated misconduct warranted the OTH characterization of service.  The Board, in its review, discerned no material error or injustice 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 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,