DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 1000-20              
Ref: Signature Date 

This is in reference to your application of 16 November 2018 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 14 April 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, and applicable statutes, regulations, and policies. 

Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to its understanding of the issues involved.  Therefore, the Board determined that 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 3 August1989.  On 26 July 1991, you received non-judicial punishment (NJP) for violation of Article 128 (assault) and Article 134 (communicating a threat).  On 16 October 1991, you received a second NJP for assault and communicating a threat. You were notified of administrative separation proceedings against you and elected to appear before an administrative separation board.  The board found that you committed misconduct and recommended that you be separated with an other than honorable characterization of service. On 5 February 1992, your Commanding Officer (CO) forwarded his concurrence with the board’s recommendation.  Your CO stated that your first adverse incident occurred when you were involved in an argument with a former girlfriend and struck her in the head with your fist.  The CO also noted that the second assault in which you were involved was very serious with possibility of permanent disability.  You were discharged from the Navy on 3 April 1992, on the basis of Misconduct (Serious Offense), and received an other than honorable characterization of service and a reentry (RE) code of RE-4. 

In your petition to the Board, you ask for an upgrade to your characterization of service from other than honorable to honorable.  You state that your discharge should be upgraded to reflect your true service record, and assert that your discharge was inequitable to your actions.  You also claim that your discharge was based on one previous bad action.  You cite honesty, hard work, and equitable treatment. 

The Board, in its review of your entire application, carefully weighed all potentially mitigating factors, including your claim that the other than honorable discharge is not indicative of your true service record.  The Board also took into account your claim of inequity.  The Board noted that your record has two NJPs, both for assault.  The Board also considered that your chief stated that you were a good worker and had been an asset.  The Board weighed the fact that an administrative separation board found that you committed the misconduct of assault and that its finding coupled with the NJPs support the issuance of the other than honorable characterization of service. The Board concluded that your current discharge is appropriate, and that was issued without error or injustice.  The Board found that your other than honorable characterization of service does not merit an upgrade. 

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, 

5/29/2020