Docket No: 1851-20 
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 for Correction of Naval Records, sitting in executive session, considered your application on 18 November 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 to include the 25 July 2018 Under Secretary of Defense Memo on Guidance to Military Discharge Review Boards and Boards for Correction of Military / Naval Records Regarding Equity, Injustice, or Clemency Determinations.  
 
You enlisted in the Navy on 12 September 1994.  During the period from 16 March 1995 to 19 April 1996, you received three separate instances of non-judicial punishment (NJP) for four specifications of unauthorized absence (UA).  Subsequently, you were notified of pending administrative separation action by reason of misconduct due to a pattern of misconduct.  After you waived your rights, your commanding officer (CO) recommended a general under honorable conditions discharge by reason of misconduct due to pattern of misconduct.  The discharge authority approved this recommendation and directed a general under honorable conditions discharge by reason of misconduct due to pattern of misconduct.  However, during the period from 12 to 15 July 1996, you received two additional NJPs for being in a UA status.  On 19 July 1996, you were discharged. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, and your contentions that: (a) you were told your discharge would change to honorable after a period of time; and (b) you applied for employment with the     and were denied due to not having an honorable discharge.  However, the Board concluded that these factors were not sufficient to warrant relief in your case given your misconduct while in the Navy. 
 
Regarding your contention that you were told your discharge would change to honorable after a period of time, the Board noted that there is no provision in law or regulations that allows for re-characterization of a discharge automatically, due solely to the passage of time.  Regarding your contention that you applied for employment with the  and were denied due to not having an honorable discharge, whether or not you are eligible for employment with the  is a matter under the cognizance of the , and you should contact the nearest office of the  concerning your right to apply for employment.  If you have been denied employment, you should appeal that denial under procedures established by the .  
    
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,