Docket No: 5181-19 
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 5 December 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 and began a period of active duty on 7 August 1996.  On 28 January 1998, you received nonjudicial punishment (NJP) for violation of a lawful regulation (underage drinking on four occasions), assault (on four occasions), and disorderly conduct (making a racial comment).  That same day you were also counseled about the potential administrative and disciplinary consequences of future misconduct.  On 2 April 1998, you received NJP for willfully disobeying a lawful order, making a false official statement, failing to report to your appointed place of duty, and disorderly conduct.  On 14 June 1998, you were convicted in a civil court of resisting arrest.  On 11 March 1999, you received NJP for wrongfully possessing another’s military identification card, wrongfully possessing two of your own identification cards, and disorderly conduct.  Subsequently, administrative action was initiated to discharge you from the naval service for misconduct due to your pattern of misconduct, commission of a serious offense, and your civilian conviction.  On 17 March 1999, you were advised of, and waived your procedural rights, including your rights to consult with legal counsel and to have your case presented to an administrative discharge board (ADB).  On 31 March 1999, your commanding officer directed that you be administratively separated with a general (under honorable conditions) characterization of service due to your misconduct.  On 12 May 1999, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, your assertions that you were told your discharge would be automatically upgraded 6 months after separation, and that you did not know that you had to go through a process.  The Board also considered your contentions you have grown as a person, and that you have become a better person and father.  However, the Board concluded that these factors and assertions were insufficient to warrant a change to your discharge, given your misconduct which resulted in three NJPs.  There also is no provision of law or in Navy regulations that allows for re-characterization of service due solely to the passage of time.  The Board also noted that you waived your procedural rights in connection with your discharge.  By doing so, you gave up your first, and best, opportunity to advocate for a more favorable 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.