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

Docket No: 10357-17                                                          
Ref: Signature date 

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 11 March 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, as well as applicable statutes, regulations, and policies.
 
You enlisted in the Navy and began a period of service on 23 October 1995.  On 7 March 1996, you received non-judicial punishment (NJP) for disrespectful language toward a Master Chief Petty Officer, failure to obey a lawful order of a Master Chief Petty Officer, and making a false sworn statement.  You were counseled regarding your receipt of NJP, and notified further misconduct may result in administrative separation.  On 8 April 1996, you received NJP for four specifications of disrespectful language towards a Commission Officer, being disrespectful in language, failure to obey lawful orders of two Commission Officers, and disrespectful language towards a member of USS       Master of Arms.  Subsequently, you were notified of administrative separation processing for misconduct, due to the commission of a serious offense, at which point, you signed the document, declined counsel, and waived your procedural rights.  On 16 April 1996, the discharge authority approved and directed an other than honorable (OTH) conditions discharge by reason of misconduct.  On 18 April 1996, you were discharged. 

The Board carefully weighed all potentially mitigating factors, such your desire to upgrade your discharge, and contention that your discharge is inaccurate.  You state, you were hospitalized following losing consciousness coming off the flight deck and should have a medical discharge. 

You state, you were discharged with no explanation.  The Board noted your statements are contrary to the record in that you were notified of the initiation of administrative separation processing due to your misconduct, not for medical reasons.  The Board concluded these factors were not sufficient to warrant relief in your case given your repeated misconduct which resulted on two NJPs.  The Board found no error or inequity in your misconduct discharge or your service characterization. 

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, 


5/15/2019