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

Docket No: 0933-18               
Ref: Signature date 


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 was 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.  Your request was carefully examined by a three-member panel of the Board, sitting in executive session on 29 April 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 21 September 1998.  On 19 October 1999, you were awarded nonjudicial punishment (NJP) for failure to obey a general regulation and assault.  On 3 April 2000, you were found guilty of driving under the influence of   alcohol in a     court.  On 18 August 2000, NJP was imposed on you for failure to obey a lawful order, assault, disorderly conduct and indecent language.  Subsequently, administrative discharge action was initiated.  You were advised you could receive an under other than honorable conditions (OTH) discharge.  After being afforded all of your procedural rights, your case was forwarded to the separation authority with the recommendation that you receive an OTH discharge.  You received an OTH discharge on 13 October 2000. 

The Board carefully weighed all potentially mitigating factors, such as your request for an upgrade of your discharge to honorable.  In addition, the Board reviewed your assertion that your discharge was due to youth and alcohol abuse.  The Board considered your entire period of service, your age, and your asserted alcohol abuse.  The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct,               
which resulted in two NJPs and a civilian conviction.  The Board noted your lack of objection to the separation at the time.  The Board found that your separation and the characterization of your service was without material error or injustice. 

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. 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, 
7/15/2019