Docket No: 0367-20
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 4 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, 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 and began a period of active duty on 21 July 1985.  On 2 July 1986 and 15 September 1986, you received non-judicial punishment (NJP) for two periods of unauthorized absence for the period from 20 May to 27 May 1986 and 18 August to 28 August 1986, and missing movement.  On 23 October 1986, you were convicted by summary court-martial (SCM) of 10 specifications of failure to go to your appointed place of duty, disrespect, breaking restriction, and wrongful possession of a military identification card.  As punishment you were awarded forfeiture of pay and 30 days confinement.  
 
On 15 December 1986, you were notified that you were being recommended for administrative discharge from the naval service because of misconduct due to commission of a serious offense and pattern of misconduct.  You were advised of, and waived, your procedural rights, including your right to consult with and be represented by military counsel, and your right to present your case to an administrative discharge board.  Your commanding officer recommended administrative discharge from the naval service with an other than honorable (OTH) characterization of service.  The separation authority approved the recommendation and directed that you be separated from the naval service with an OTH characterization of service.  On 31 December 1986, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge to a general under honorable conditions characterization of service.  The Board considered your assertions that you are 100% disabled; you did not go to an administrative hearing; you were young and made a mistake a very long time ago, and should be given a second chance.  Unfortunately, after careful consideration of your assertions, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service or sufficient evidence to warrant clemency.  Even under the liberal consideration standard, the Board found your misconduct warranted an OTH 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. 
 
 Sincerely,