Docket No: 0163-20
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 October 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, applicable statutes, and regulations and policies. 
 
You enlisted in the Navy and began a period of active service on 18 June 1991.  On 13 November 1992, you received non-judicial punishment (NJP) for failure to obey a written regulation, and you were counseled regarding your misconduct.  On 23 April 1993, you received NJP for larceny and resisting apprehension, and you were counseled regarding your misconduct.  On 22 December 1993, you received NJP for absence from your appointed place of duty.  On 21 January 1994, you received NJP for attempts and disobeying a written regulation.  On 31 January 1994, you were notified of the initiation of administrative separation proceedings by reason of misconduct-pattern of misconduct, at which point, you waived your right to consult with counsel and review of your case by an administrative discharge board (ADB).  On 4 February 1994, your commanding officer recommended your separation from naval service with an other than honorable (OTH) characterization of service.  On 2 March 1994, the discharge authority approved and directed your discharge with an OTH characterization of service by reason of misconduct-pattern of misconduct.  On 10 March 1994, you were so discharged.  
 
The Board carefully weighed all potentially mitigating factors such as your desire to upgrade your discharge and change your reentry code.  You contend, you were young, and while on duty you excelled with your evaluations, fire training, and humanitarian events.  You contend your duties in the boiler room were intense, and you were honored to serve.  You also expressed regret for your actions.  After careful consideration of your contentions, the Board did not find evidence of an error or injustice that warrants upgrading your 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,