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

Docket No: 8270-18 
Ref: Signature Date

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 28 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 and began a period of active duty on 2 September 1986. On 19 May 1988, you were convicted at summary court-martial of unauthorized absence totaling 35 days and missing ship’s movement. On 30 August 1988, you received nonjudicial punishment (NJP) for attempting to remove parts from an impounded vehicle that was not your own, unauthorized absence totaling 30 minutes, failure to muster at the time prescribed to your appointed place of duty during the period from 15 June 88 to 15 July 88 for a total of 93 musters, wrongfully entering a restricted area without permission, and wrongful use of marijuana. On 26 October 1988, you received NJP for an unauthorized absence, disrespect, failure to obey a lawful order, and falsifying your initials on an official record.  Subsequently, you were notified of pending administrative separation action, at which time you waived your procedural right to consult with legal counsel and to present your case to an administrative discharge board. The commanding officer (CO) recommended you be discharged with an other than honorable (OTH) characterization of service. The separation authority approved the CO’s recommendation. On 30 March 1989, you were discharged.

The Board carefully considered your request to upgrade your discharge. The Board concluded there was insufficient information to warrant relief and your misconduct in service was serious and repetitive. 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,