Docket No: 5562-19 
Ref: Signature Date 
 
MR 

 
Dear Mr. : 
 
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 7 January 1982.  You completed this enlistment with an honorable characterization of service on 29 September 1985, and reenlisted on 30 September 1985.  On 6 June 1991, you received non-judicial punishment (NJP) for an unauthorized absence, disobeying a lawful order and false official statement.  On 27 June 1991, you received your second NJP for assault.  Also, on 27 June 1991, your commanding officer (CO) directed the removal of your Enlisted Surface Warfare Specialist (ESWS) designation and insignia due to poor leadership and supervisory abilities.  On 29 June 1991, you received your third NJP for 11 specifications of disobeying a lawful order.  
 
On 29 June 1991, based on the NJPs outlined above, you were notified of proposed administrative action to separate you from the naval service by reason of misconduct due to commission of a serious offense.  You were advised of your procedural rights, but did not elect to exercise your right to consult with and be represented by military counsel, and right to request an administrative discharge board (ADB).  On 2 July 1991, your CO recommended administrative discharge from the naval service with an other than honorable (OTH) characterization of service.  The discharge authority approved the recommendation and directed that you be separated from the naval service with an OTH characterization of service for misconduct due to the commission of a serious offense.  Additionally, the separation authority in accordance with naval regulation directed that you be administratively reduced in rank to the paygrade of E-3, effective upon separation.  On 24 July 1991, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge, and to reinstate your rank and your ESWS designation.  The Board considered your statement including your contention that your discharge is unjust due to the fact the offense does not fall within the guidelines of MILPERSMAN 1910-142, Separation by reason of Misconduct – Commission of a Serious Offense.  Additionally, you were under the impression that when you were discharged, you would be discharged as a “BM3.”   
 
Regarding your contention concerning your narrative reason for separation, the Board noted that pursuant to naval regulation a Sailor may be processed for separation if the military or civilian offense warrants separation and a punitive discharge would be authorized for the same or a closely related offense under the Uniform Code of Military Justice, military or civil conviction is not required.   
 
Under the totality of the circumstances, the Board discerned no probable material error or injustice in the discharge.  As such, and after careful consideration, the Board concluded the factors you raised were not sufficient to warrant relief in your case because of the seriousness of your misconduct which resulted in three NJPs.  The Board also noted that you waived your right to an ADB, and thereby forfeited your best opportunity to receive a better 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,