Docket No. 10663-19 
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 August 2020.  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, applicable statutes, and regulations and policies. 
 
You enlisted in the Navy and began a period of active service on 11 July 1989.  On 28 June 1990, you received non-judicial punishment (NJP) for unauthorized absence (UA).  On 19 September 1990, you were counseled regarding your misconduct and advised that further deficiencies in your performance and/or conduct could result in administrative separation under other than honorable (OTH) conditions.  On 20 September 1990, you received NJP for three specifications of UA.  On 5 December 1990, you received your third NJP for two specifications of UA.  You were subsequently notified of administrative separation processing, and of your procedural rights.  You waived your right to consult with counsel.  On 10 December 1990, your package was forwarded to the separation authority.  On 12 December 1990, the discharge authority approved, and directed your discharge with an OTH characterization of service by reason of misconduct-pattern of misconduct.  You were discharged on 19 December 1990. 
 
The Board carefully weighed all potentially mitigating factors, including your desire to upgrade your discharge.  You submit statements regarding the events leading to your UA.  Additionally, you contend that your other two periods of UA were resolved, however, you did not provide any evidence to support your contntion.  After careful consideration of your contentions, the Board did not find evidence of an error or injustice that warrants upgrading 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,