Docket No: 4510-20
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 was 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 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, and applicable statutes, regulations, and policies. 
  
You enlisted in the Navy and began a period of active duty on 13 February 1992.  Prior to joining the Navy, on 27 July 1989, you were administratively separated from the   with a General discharge for Unsatisfactory Participation.  On 11 October 1992 and on 9 January 1993, you were counseled for writing checks with insufficient funds.  On 1 February 1993, you were counseled for sleeping on watch.  On 28 May 1993, nonjudicial punishment (NJP) was imposed on you for Unauthorized Absence.   On 10 June 1993, NJP was imposed on you for Missing Movement.   Subsequently, administrative separation action by reason of Misconduct – Serious Offense, was initiated against you.  On 25 June 1993, you waived your rights to counsel and an administrative board.  On 12 July 1993, your Commanding Officer recommended that you be administratively separated with an Under Other than Honorable Conditions (OTH) discharge.  On 16 July 1993, the Separation Authority directed you be administratively separated with an OTH.  On 22 July 1993, you were discharged with an OTH.   
 
You have requested an upgrade of your discharge. In your request, you stated that your Chief Petty Officer was biased against those who had served in the Army.  Upon review of your request, and the details of your service record, the Board concluded that there was insufficient evidence in the record, and you provided none, to support your contentions.  Accordingly, the Board determined that there was not sufficient support to your request to change your discharge status, given the misconduct set forth in your service record.   
  
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,