DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA  22204-2490
                   
Docket No:  8257-17
									
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 consideration of the entire record, the Board for Correction of Naval Records (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, sitting in executive session, considered your application on 7 January 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 active duty on 7 November 1985.  During the period from 25 February 1989 to 28 August 1989, you received nonjudicial punishment (NJP) four times for disobedience, disrespect, failure to obey an order, and wrongful use of a security pass.  Subsequently, administrative discharge action was initiated by reason of misconduct due to a pattern of misconduct.  After being provided your rights, you elected to have your case heard before an administrative discharge board (ADB).  On 5 September 1989, the ADB found that you did commit misconduct and recommended that you receive a general discharge. Your case was forwarded to the separation authority for review, and on 17 October 1989, you were discharged with a general characterization of service.

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contentions that, during your last six months in the Navy, you worked under a prejudiced supervisor who set you up to be discharged, you experienced trauma after exposing him for displaying prejudice to African-Americans on base, and you were punished for coming forward.  The Board also considered your assertion that, prior to working for him, you had good evaluations, and were discharged a month before the end of your four-year obligation.  The Board concluded these assertions were not sufficient to warrant a change to your discharge given your misconduct which resulted in four NJPs.  Concerning your contentions relating to your supervisor, there is no evidence in the record to support them, and you submitted no such evidence

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,
Executive Director