Docket No: 4218-20 
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 6 September 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. 
 
You enlisted in the Navy and began a period of active duty on 22 February 1989.  You completed this enlistment with an Honorable characterization of service on 6 February 1993, and reenlisted on 7 February 1993.  During the period from 29 June 1995 to 22 September 1995, you received non-judicial punishment (NJP) three times, for three periods of unauthorized absence.  On 24 October 1996, you received your forth NJP for an unauthorized absence for the period from 3 September 1996 to 16 October 1996, and missing ship’s movement.  Subsequently, you were notified of administrative action to separate you from the naval service by reason of misconduct due to the commission of a serious offense and a pattern of misconduct.  You were advised of and elected your procedural right to consult with and be represented by military counsel, and to present your case to an administrative discharge board (ADB).  On 15 January 1997, an ADB was convened and found that you committed misconduct and recommended administrative discharge from the naval service with an other than honorable (OTH) characterization of service.  Your commanding officer (CO) concurred with the ADB’s recommendation.  The separation authority approved the recommendation and directed that you be separated from the naval service with an OTH characterization of service by reason of misconduct, and on 12 March 1997, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire upgrade your discharge.  The Board considered your assertion that you regret any and all unfortunate circumstances that led to your OTH discharge and you would be most appreciative for consideration for an upgrade.  After careful consideration, the Board concluded that these factors were not sufficient to warrant relief in your case because of the seriousness of your repeated misconduct that resulted in four NJPs.  In view of the forgoing, the Board, in its review, discerned no impropriety or inequity in the discharge. 
 
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,