Docket No:  8535-17


Dear 

This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, United States Code, Section 1552. After careful and conscientious consideration of the entire record, the 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 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 23 January 2018.  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.
 
You enlisted in the Navy and began a period of active duty on 9 November 1998.  On 23 June 1999, you received nonjudicial punishment (NJP) for disrespect of a petty officer and dereliction of duty.  You were counseled regarding your deficiencies, provided recommendations for corrective action, and advised that further deficiencies in performance and/or conduct may result in administrative separation under other than honorable (OTH) conditions.  On 16 September 1999, you received NJP for attempted larceny and conspiracy.  Subsequently, administrative separation processing was initiated by reason of misconduct due to a pattern of misconduct and commission of a serious offense.  You did not consult with counsel and waived your right to an administrative discharge board.  Your commanding officer recommended that you receive an under other than honorable (OTH) discharge.  On 4 October 1999, the discharge authority directed an OTH discharge by reason of misconduct due to pattern of misconduct and on 26 October 1999, you were discharged.  


The Board carefully weighed all potentially mitigating factors, such as your post-service accomplishments, character reference letters, and contentions that although your record is accurate, it does not reflect the individual you are today and that you are not attempting to seek benefits, but rather want the opportunity to better veterans with homelessness and substance abuse issues.  The Board commends you on your post-service achievements but concluded these factors were not sufficient to warrant a change to your discharge given your repeated misconduct that resulted in two NJPs.  The Board concluded that your other than honorable discharge was issued without error or injustice and corrective action is not merited.

Regrettably, 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 and material evidence.  New evidence is evidence not previously 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