Docket No: 1895-20 
Ref: Signature Date 


This is in reference to your application of 3 September 2019 for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of relevant portions of your naval record and your application, 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 12 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 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 24 April 1984.  On 13 September 1985, you received non-judicial punishment (NJP) for dereliction of duty and wrongful appropriate.  On 5 November 1985, you received a second NJP for unauthorized absence (UA) from 22-24 October 1985, and 29-30 October 1985. On 14 March 1986, you again received NJP for failure to obey an order.  On 11 July 1986, you received a fourth NJP for a period of UA from 1-2 July 1986, and missing movement on 1 July 1986.  On 20 February 1987, you received NJP for dereliction of duty.  On 28 August 1987, you received a sixth NJP for a period of UA on 24 August 1987.  On 2 October 1987, you were notified of administrative separation proceedings against you on the basis of a pattern of misconduct.  You elected not to consult with counsel and chose to waive your right to appear before an administrative separation board.  On 17 October 1987, you were discharged from the Navy on the basis of a pattern of misconduct and received an other than honorable characterization of service and a reentry (RE) code of RE-4. 

You request an upgrade to your other than honorable discharge.  You contend that you served your country sacrificially and met/maintained all requirements to be eligible for benefits.  You state that you were aware that you received an other than honorable discharge but unaware that the other than honorable characterization would be viewed as “dishonorable” for health and other benefits.  You state that you did engage in a few minor misconduct incidents but you do not believe your service should be seen as dishonorable.  At the time of your service, you had a wife and young son who lived 1,000 miles away from your duty station.  You and your wife have now been married for 34 years, raised two children, and you have spent the bulk of your adulthood in ministry. 
The Board in its review of your entire application carefully weighed all potentially mitigating factors, including your personal circumstances at the time of your service and your post-discharge contributions to your community and family.  The Board noted that you did not receive a dishonorable discharge, but instead received an other than honorable characterization of service based on an administrative separation.  The Board considered, however, that the other than honorable discharge precludes you from accessing certain veterans benefits.  The Board factored in your desire to obtain health and other benefits when determining if an upgrade was warranted.  The Board found that the frequency of your misconduct as reflected by six NJPs supports your other than honorable discharge.  The Board determined that your desire to access benefits, your personal circumstances while you were in the Navy, and your post-service accomplishments do not overcome the adverse information in your record.  The Board concluded that your other than honorable discharge is supported by your misconduct, and determined that you were discharged without error or injustice. 

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.