DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
 
Docket No. 1536-21  
Ref: Signature Date  

Dear , 

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 you did not file your application in a timely manner, the statute of limitation was waived in accordance the 25 August 2017 guidance from the Under Secretary of Defense for Personnel and Readiness (Kurta Memo). A three-member panel of the Board, sitting in executive session, considered your application on 6 May 2021. 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 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). 

A review of your record shows that you entered active duty with the Navy in December 1982. Between January 1984 and August 1985, non-judicial punishment was imposed on you five times for multiple unauthorized absences and orders violations. You were subsequently convicted by a special court-martial on 16 January 1986 for five specifications of unauthorized absence, two orders violations, and possession of marijuana. As a result, you were notified of administrative separation processing on 20 March 1986 for commission of a serious offense and drug abuse. After waiving your right to a board, you were discharged on 28 April 1986 with an Other than Honorable characterization of service. 

The Board carefully considered your arguments that you deserve a disability discharge and upgrade to your characterization of service. You assert that you were treated unequally since you were punished for misconduct for which another service member escaped punishment. You also believe that you deserve a disability discharge based on a back injury you suffered early in your career. Unfortunately, the Board disagreed with your rationale for relief. 

First, the Board concluded your characterization of service remains appropriate. Based on your extensive history of misconduct, the Board determined that your conduct was a significant departure from that expected of a service member. In the Board’s opinion, eight instances of unauthorized absence combined with four orders violations and drug possession was too serious of misconduct to mitigate with your assertions of unfair treatment and a back muscle strain. The Board determined that your documented actions leading up to your discharge supported the Navy’s decision to administratively separate your for commission of a serious offense and award you an Other than Honorable characterization of service. Therefore, the preponderance of the evidence supports maintaining your assigned characterization of service. 

Second, since you were discharged for misconduct that merited an Other than Honorable characterization of service, the Board concluded you were not eligible for disability processing or a disability discharge. Disability regulations direct misconduct processing to supersede disability processing when the misconduct qualifies for an Other than Honorable characterization of service. Therefore, the Board determined that even if there was evidence of unfitness due to your back condition, you did not qualify for a disability discharge. Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record. The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 

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, 
5/20/2021 

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