DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 9051-18 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 18 November 2018. 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 and began a period of active duty on 22 January 1986. On 10 February 1987, you received nonjudicial punishment (NJP) for failing to obey a lawful order, wrongfully possessing a liberty card not your own on five occasions, wearing civilian clothes without authorization, drinking alcoholic beverages while in a duty status, bringing a visitor into your living quarters, and not wearing proper civilian attire while in a public place. That same day you were counseled concerning obeying all rules, regulations, and warned that further deficiencies in your performance and/or conduct could result in administrative discharge action. On 31 May 1989, you were counseled concerning unauthorized absence (UA) and again warned that further deficiencies in your performance and/or conduct could result in administrative discharge action. On 2 March 1990, you received a second NJP for UA. That same day you were informed that you were being retained in the Navy, and again warned that further deficiencies in your performance and/or conduct, could result in administrative discharge action. On 8 May 1990, you received your third and final NJP for UA and failure to obey a lawful order. On 10 May 1990, you were notified that administrative action had been initiated to separate you from the naval service due to your pattern of misconduct. You were advised of, and waived, your procedural rights, including your right to consult with or be represented by legal counsel and to request that your case be heard before an administrative discharge board (ADB). Your commanding officer (CO) noted that you had “been afforded every opportunity to correct [your] deficiencies and improve [your] performance all to no avail,” and forwarded your case to the separation authority with the recommendation that you be discharged with an other than honorable (OTH) characterization of service due to your pattern of misconduct. On 23 May 1990, the separation authority concurred with your CO and directed that you receive an OTH discharge. On 25 May 1990, you were so discharged. The Board carefully weighed all potentially mitigating factors in your case, including your record of service, desire to upgrade your discharge, and that is has been 28 years since your discharge and you would like an upgrade of your characterization of service before your death. However, the Board concluded these factors were insufficient to warrant recharacterization of your discharge given your pattern of misconduct, which resulted in three NJPs, and the fact that you were counseled and warned on more than one occasion of the consequences that further misconduct could result in your adverse separation from the naval 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.