DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490

 
Docket No: 10267-17 
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 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 for Correction of Naval Records, sitting in executive session, 
considered your application on 15 February 2019. 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. 

Regarding your request for a personal appearance, the Board determined that a personal 
appearance with or without counsel will 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 enlisted in the Navy and began a period of service on 15 July 1987. On 28 October 1988, 
you were counseled regarding your unwillingness to obey orders, regulations, and instructions 
and notified further misconduct may result in administrative separation. You received nonjudicial 
punishment (NJP) on 28 October 1988, for communicating a threat. On 13 June 1989, 
you were convicted at a special court martial (SPCM) for conspiracy and larceny. On 11 August 
1989, you were notified of the initiation of administrative separation proceedings. On 5 October 
1989, you elected counsel, and requested review of you case by an administrative discharge 
board (ADB). On 24 October 1989, an ADB was convened and voted that you committed 
misconduct, however, the board determined you should be retained in naval service. On 27 
November 1989, you were counseled on your retention in service despite the ADB’s findings of 
misconduct due to the commission of a serious offense, and you were notified further 
misconduct may result in administrative separation. On 14 December 1990, you were counseled 
regarding your propensity towards inappropriate comments towards commission officers and 
senior chief petty officer, your habitual refusal to accept the direction of officers and senior petty 
officers, and notified further misconduct may result in administrative separation. On 21 
December 1990, you received NJP for insubordinate conduct toward a superior petty officer, and 
failure to obey a lawful order. On 11 April 1991, you received NJP for attempted robbery, two 
specifications of failure to obey a lawful order, and assault consummated by a battery. On 23 
April 1991, your commanding officer recommended you for separation with an other than 
honorable (OTH) characterization of service by reason of misconduct a pattern of misconduct, 
and misconduct-commission of a serious offense. On 15 May 1991, the discharge authority 
approved your discharge due to pattern of misconduct and directed an OTH characterization of 
service. On 15 May 1991, you were discharged. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade 
your discharge and contentions that your discharge was not fair under the circumstances at the 
time, and you have since become a role model and a positive person in society and in your 
community. The Board commends your efforts as a role model and positive member in your 
community. The Board concluded these factors and contentions were not sufficient to warrant 
changing your characterization of service given your repeated misconduct which resulted in three 
NJP’s and a SPCM conviction. Notwithstanding, the Board discerned no impropriety or inequity 
in your discharge. 

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. 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, 

5/3/2019