Docket No: 2546-20 
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 2 June 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, regulations, and policies.  
  
You enlisted in the Navy and began a period of active duty on 14 February 1989.  On 19 June 1989, you received nonjudicial punishment (NJP) for provoking words to a superior petty officer.  On 13 September 1989, you received NJP for failure to obey a lawful order.  On 16 April 1992, you were counseled that you failed to meet physical readiness standards due to obesity.  You were further counseled that if you remained out of standards due to obesity you could be separated from naval service.  On 28 September 1992, you were again counseled that you failed to meet physical readiness standards due to obesity.  On 21 June 1993, you received NJP for a period of unauthorized absence totaling two days.  Subsequently, on 22 June 1993, you were notified of proposed administrative separation for failure to meet physical readiness standards due to five consecutive physical readiness test failures due to obesity, unsatisfactory performance due to refusal to climb poles which was a requirement of your rating, and misconduct due to a pattern of misconduct as evidenced by three NJPs during enlistment.  You did not consult with counsel and waived your right to an administrative discharge board.  Your commanding officer indicated that you were an average worker and although you met the minimal standards for an under other than honorable (OTH) conditions characterization of 
service, a general (under honorable conditions) character of service was recommended.  On 23 July 1993, the discharge authority directed an OTH character of service by reason of misconduct due to a pattern of misconduct, and on 4 August 1993, you were so discharged.   
 
The Board carefully weighed your desire to upgrade your discharge and all mitigating factors, to include your contentions that you were being discharged on a medical discharge, that you were being discharged for being overweight (not behavioral issues), and that you never signed your DD-214.  The Board concluded that your three NJPS during enlistment met the criteria for an OTH characterization of service due to a pattern of misconduct.  In regards to your contentions, the Board found no documentation in your record, and you provided none, to support your claim that you were ever processed for a medical discharge.  Although obesity was one of three reasons you were processed for separation, the discharge authority determined that your pattern of misconduct was your separation reason.  Additionally, your failure to sign your DD-Form 214 does not invalidate your discharge.  Lastly, the Board determined there was insufficient evidence to establish an error or injustice that warrants an upgrade to 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 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.