Docket No: 8701-19 
Ref: Signature Date    
 

Dear : 
 
This is in reference to your application of 28 August 2019 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 16 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, relevant portions of your naval record, and applicable statutes, regulations, and policies. 
 
You enlisted in the Navy and began a period of active duty on 8 February 1994.  On 4 November 1994, you began a period of UA that continued until 7 September 1995.  During that period of UA, on 5 April 1995, you left the scene of a motor vehicle accident.  Your hit and run case was forwarded to a grand jury, and upon your release from active duty you were to be turned over to civilian authorities.  On 7 November 1995, you were convicted by summary (SUM) for violating Articles 86 (UA) and 87 (missing ship movement) of the Uniform Code of Military Justice (UCMJ).  You were sentenced to forfeiture of pay and time served in pre-trial confinement.  On 22 April 1996, you began another period of UA that continued until 30 July 1996.  On 1 August 1996, you were convicted by summary (SUM) for violating Article 86 (UA) of the UCMJ.  You were sentenced to forfeiture of pay, confinement, and reduction in rank to E-1.  On 2 August 1996, an administrative action to separate you from the naval service was initiated.  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 be discharged with an under other than honorable (OTH) characterization of service and the separation authority approved your separation from the Navy.  On 24 August 1996, you were discharged with an OTH characterization of service due to misconduct. 

You request the Board upgrade your discharge, although you did not specify the characterization of service you are seeking, and change your narrative reason for separation.  You assert you were under extreme harassment from co-workers and immediate supervision.  You took initiative to address the issue through your chain of command, via your Chief Petty Officer; however, nothing was done.  Lastly, you stated it took you until now to “come to terms with it, accept it.” 

The Board carefully weighed all potentially mitigating factors in your case, including your record of service and contentions and concluded these factors were not sufficient to warrant a change to your discharge given your misconduct that resulted in multiple lengthy periods of UA and two courts-martial.  The Board noted that you provided no evidence to support your contention of harassment and command inaction after you reported the harassment.  Absent such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted, in good faith, in accordance with governing law and policy.  Further, 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.