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

Docket No: 1380-20 
Ref: Signature Date 

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 you did not file your application 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 for Correction of Naval Records, sitting in executive session, considered your application on 21 May 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, 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 22 January 1991. On 13 May 1991, you received nonjudicial punishment (NJP) for unauthorized absence (UA) and false official statement.  On 6 February 1992, you received NJP for altering a military identification card and attempting to enter an establishment while underage.  On 27 February 1993, you received NJP for assault and underage drinking.  Subsequently, administrative discharge action was initiated by reason of misconduct due to commission of a serious offense. You did not consult with counsel and waived your right to an administrative discharge board. Your commanding officer recommended that you receive an under other than honorable (OTH) conditions discharge.  On 10 March 1993, the separation authority directed your discharge and on 17 March 1993, you were discharged with an OTH characterization of service. 

The Board carefully weighed your desire to upgrade your discharge and all potentially mitigating factors, such as your assertions that you were very young, made a bad decision, acknowledge the discharge was proper, and now that you are older, you realize your error back then and you are a better person. The Board also considered the character reference letters submitted with your request.  After careful consideration of your contentions, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service.  The Board, noting your remorse and regret and even applying liberal consideration, determined your repeated misconduct warranted an OTH 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 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, 


7/20/2020