DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8531-18 Ref: Signature Date Dear 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 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 6 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, together with all material submitted in support thereof, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. You enlisted in the Navy on 18 April 1989. On 5 February 1990, you received non-judicial punishment (NJP) for unauthorized absence (UA) totaling 13 days. On 13 June 1990, you were convicted by summary court-martial (SCM) of two specifications of UA totaling 34 days. Subsequently, you were notified of pending administrative action to separate you from the naval service by reason of misconduct due to commission of a serious offence. After you were advised of, and waived, your procedural rights, your commanding officer (CO) “strongly” recommended that you be discharged with an other than honorable (OTH) characterization of service by reason of misconduct due to commission of a serious offence. In your written acknowledgement and waiver of rights, you also stated that you “do not object to this separation.” The discharge authority approved your CO’s recommendation, and directed your OTH separation by reason of misconduct due to commission of a serious offense. On 25 July 1990, you were so discharged. The Board carefully weighed all potentially mitigating factors in your case, including your post- service conduct, your desire to upgrade your discharge, and your contentions that your discharge should be upgraded due to your good performance evaluations and civil accomplishments since discharge. However, the Board concluded that these factors were insufficient to warrant relief in your case, given the seriousness of your misconduct resulting in NJP and a SCM conviction. Regarding your contention that your discharge should be upgraded because you received good performance evaluations while in the Navy, the Board noted that a sailor’s service is characterized at the time of discharge based on performance during the current enlistment. Regarding your contention that your discharge should be upgraded because of your civil accomplishments since being discharged, the Board noted that while commendable, your post- service conduct does not excuse your conduct while enlisted in the Navy, or the basis for 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.