DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 4887-21 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 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 17 September 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, 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 and began a period of active duty on 11 July 1984. On 15 May 1985, you received nonjudicial punishment (NJP) for a period of unauthorized absence (UA). On 22 July 1985, you began a second period of UA which lasted twenty-nine days. On 21 August 1985, you received a second NJP for disobeying a lawful order from a commissioned officer. From a period beginning on 23 August 1985 to 8 March 1986, you were counseled in three occasions for the following violations: use of illegal drugs, two periods of UA, and disobedience of lawful orders. You were advised that failure to take corrective action could result in administrative separation. On 26 May 1986, you began a fifth period of UA which lasted forty-five days and resulted in your apprehension by civil authorities. On 4 June 1986, you missed the sailing of the . On 24 July 1986, you received a third NJP for a period of UA and missing ship movement. On 9 August 1986, you submitted two statements admitting to be bisexual and engaging on bisexual activities while married. On 11 August 1986, you were counseled for a period of UA and missing ship movement. You were advised that failure to take corrective action could result in administrative separation. On 13 October 1986, you were notified of the initiation of administrative separation proceedings by reason of being homosexual or bisexual, and misconduct due to commission of a serious offense. On the same date, you requested a hearing by an administrative discharge board (ADB). On 14 October 1986, the ADB voted (3) to (0) that you committed misconduct as evidence of being bisexual and misconduct due to commission of a serious offense. On 21 October 1986, you began a sixth period of UA which lasted two-days. On 28 October 1986, you received a fourth NJP for a period of UA. On 25 March 1987, you were discharged with an other than honorable characterization of service (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 contention that you received an OTH discharge for admitting to being homosexual. 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 NJPs, outweighed these mitigating factors. The Board noted you did not submit any documentation or advocacy letters to be considered. 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 the 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, 9/30/2021 Executive Director