Docket No: 5435-19 
Ref: Signature Date 
 

 
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 22 July 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, as well as applicable statutes, regulations, and policies. 
 
You enlisted in the Navy and began a period of active duty on 5 June 1990.  On 18 November 1991, you received non-judicial punishment (NJP) for two specifications of making a false statement.  On 3 December 1991, you were counseled regarding your misconduct.  On 21 February 1992, you were notified of the initiation of administrative separation processing by reason of misconduct-commission of a serious offense, at which point, you waived your right to consult and to have a hearing before an administrative discharge board (ADB).  On 9 April 1992, your commanding officer recommended your discharge from naval service, with a general characterization of service by reason of misconduct-commission of a serious offense.  On 13 March 1992, the discharge authority approved and directed your discharge.  On 3 April 1993, you were discharged with an other than honorable (OTH) characterization of service by reason of misconduct-commission of a serious offense. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contentions that you were issued a loss of pay grade, and also went to the brig, which you contend constitutes double jeopardy.  You state that your captain informed you that you would not be discharged after your release from the brig.  Regarding your contention of double jeopardy, the Board noted your significant misconduct resulted in the initiation of administrative separation processing.  The Board noted that your statements are contrary to the record and that your record reflects your commanding officer’s recommendation of your discharge from naval service.  The Board concluded that the severity of your misconduct outweighed your current desire to upgrade your discharge.  The Board in its review discerned no probable material error or injustice in the 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. 
 
Sincerely,