Docket No: 3250-20 
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 9 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, as well as applicable statutes, regulations, and policies. 
 
You enlisted in the Navy and began a period of active duty on 21 November 1996.  On 13 March 1997, you received nonjudicial punishment (NJP) for unauthorized absence, drinking 12 hours prior to training, and being incapacitated for the proper performance of duty.  On 11 June 1997, you received NJP for being incapacitated for the proper performance of duty.  On 6 July 1998, you received NJP for disobedience of a lawful order and disobeying a general regulation.  Subsequently, administrative discharge action was initiated by reason of misconduct due to a pattern of misconduct.  You received an OTH discharge on 25 September 1998. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your assertions that you were discharged because your senior chief made false allegations and spread them around the ship.  The Board also considered your assertions that the allegations were disproved, but your reputation was ruined.  Finally, the Board considered your assertions that your CO was very supportive, but his hands were tied by the unruly and unethical practices of the senior chief, you paid the consequences for your drinking at Captains Mast, but were offered no help for your drinking.  Although your complete administrative separation documentation was not included in your record, based on your DD Form 214, you were discharged with an other than honorable characterization of service for misconduct due to a pattern of misconduct, RE-4 reentry code, and separation code of “HKA.”  The Board determined that the mitigating factors were insufficient to warrant a change to your record.  The Board discerned no error or injustice in your discharge and concluded that your discharge is proper as issued.  
 
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,