Docket No: 0704-20 
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 28 October 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 7 July 1982.  You subsequently completed this enlistment with an honorable characterization of service on 22 May 1986, and reenlisted on 23 May 1986.  During the period from 25 September 1986 to 31 March 1989, you received non-judicial punishment (NJP) on three separate occasions.  Your offenses were drunk and disorderly conduct on three occasions, breach of arrest, escape, and disobeying a lawful order on two occasions.  On 18 May 1990, you were convicted by civilian authorities of driving under the influence.    
 
On 25 July 1990, 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. You were advised of, and elected your procedural right to consult with and be represented by military counsel, and your right to present your case to an administrative discharge board (ADB).  An ADB was convened and determined that the preponderance of the evidence supported a finding of misconduct and recommended that you be separated from the Navy with an other than honorable (OTH) characterization of service.  Your commanding officer recommended administrative discharge with a general (under honorable conditions) characterization of service.  However, the separation authority directed your administrative discharge from the naval service with an OTH characterization of service.  On 26 October 1990, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge.  The Board considered your contention that you had some personal issues arise which included your grandmother dying and during this same time, your mother being diagnosed with cancer and becoming very ill.  Because of these issues, you began drinking, mostly on weekends, and it eventually affected your work.  Your first term of enlistment was honorable, and most of your second term of enlistment was served before issues caused your discharge. 
 
Unfortunately, after careful consideration of your contention, 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,