Docket No: 0553-19 
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 23 September 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. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the Navy and began a period of active duty on 5 February 1985.  On 20 June 1986, you were counseled regarding unauthorized absence (UA) and were advised that failure to take corrective action may result in administrative separation and judicial proceedings.  On 12 May 1986, you began a period of UA that continued until 26 May 1986.  On 13 June 1986, you received nonjudicial punishment (NJP) for UA.  You were UA again from 18 to 25 August 1986.  On 4 September 1986, you received a second NJP for UA.  On 16 September 1986, you were again advised about the potential for administrative separation.  On 27 March 1987, you received a third NJP for UA.  On 2 April 1987, administrative discharge action was initiated by reason of pattern of misconduct.  After being afforded all of your procedural rights, you waived them, and your case was forwarded to the separation authority for review.  Your commanding officer recommended that you receive an under other than honorable (OTH) discharge.  The separation authority approved your separation from the Navy with a general discharge.  It is not clear from the record what happened to change the characterization, but on 28 April 1987, you received an OTH discharge. 
 
You requested the Board upgrade your discharge to honorable.  You asserted that you were young, made mistakes, and your friends were a bad influence on you, but you take responsibility for your actions.  You did not realize the problems an OTH discharge would cause for the rest of your life.  You stated that since your discharge you have been a law-abiding citizen, you have worked 20 years for a trucking company, been married for 21 years, your son is an Eagle Scout, and your daughter is a black belt in Karate.  The Board carefully weighed all potentially mitigating factors, such as your record of service and contentions but concluded your factors were insufficient to warrant a change to your discharge given your misconduct that resulted in three NJPs, all of which occurred after you were warned about administrative separation.  Due to missing documents, in the absence of material evidence to the contrary, the Board also relied on the presumption of regularity and presumed your separation was properly discharged.  The Board noted your post-service accomplishments, however, there is no provision of law or in Navy regulations that allows for recharacterization of service due solely to the passage of time. 
 
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,