Docket No: 8278-20
Ref: Signature Date                                                                                          

 
Dear Mr. : 
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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  10 February 2021.  The names and votes of the panel members 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 the 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, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). 
 
You enlisted in the Navy on 26 October 1984.  During the period from 17 September to 13 November 1986, you received non-judicial punishment (NJP) on two separate occasions.  The offenses included, possession of two identification cards, and being insubordinate toward a non-commission officer.   
 
On 10 December 1986, you were recommended for separation due to being diagnosed with a cyclothymic/explosive personality disorder.  On 19 March 1987, you received NJP for being absent from you appointed place of duty.  On 24 March 1987, civil authorities convicted you of interfering and resisting arrest.  On 26 March 1987, you were notified of pending administrative separation action by reason of misconduct due to a pattern of misconduct and personality disorder.  You elected to consult with legal counsel and subsequently requested an administrative discharge board (ADB).  The ADB recommended your separation from the Naval Service by reason of misconduct due to a pattern of misconduct, and personality disorder, and recommended your separation under Other Than Honorable (OTH) conditions.  Your commanding officer concurred with the recommendations of the ADB and forwarded your package recommending approval.  The discharge authority approved the recommendations and directed your separation by reason of misconduct due to a pattern of misconduct with an OTH characterization of service.  On 1 July 1987, you so were separated.  
 
On 12 June 1989, the Naval Discharge Review Board (NDRB) denied your request to upgrade your discharge dated 1 July 1987.  During the documentary review of your record, NDRB noted that on 1 July 1987, you were issued a Certificate of Release or Discharge from Active Duty (DD Form 214) which incorrectly stated your characterization of service as “Under Honorable Conditions.”  NDRB noted that according to your record, you received an OTH characterization of service on 1 July 1987As a result, NDRB directed that you be issued a new DD Form 214 showing your characterization of service as OTH.   
 
The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo.  These included, but were not limited to, your desire to change your characterization of service and contention that your DD Form 214 states your characterization of service as Under Honorable Conditions.  The Board noted and as stated above, on 12 June 1989, NDRB discovered an error on your DD Form 214 issued on 1 July 1987, and as a result, NDRB directed that your characterization of service be changed from Under Honorable Conditions to OTH. Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your repeated misconduct, as evidenced by your three NJPs, and civil conviction, outweighed these mitigating factors.  Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief.  
 
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,