DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8808-17 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 16 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 27 August 1984. On 10 December 1984, you received non-judicial punishment (NJP) for wrongfully participating in a breach of the peace. On 6 August 1985, you received NJP for communicating a threat, assault, possession of another Sailor's identification card and drunk and disorderly. On 7 September 1985, you again received NJP for an unauthorized absence. Subsequently, you were notified of pending administrative separation action by reason of misconduct due to pattern of misconduct, at which time you waived your procedural rights to consult with legal counsel and to present your case to an administrative discharge board. Your commanding officer recommended that you be discharged with an other than honorable (OTH) characterization of service. The discharge authority approved this recommendation and directed that you be discharged with an OTH characterization of service by reason of misconduct due to pattern of misconduct. On 11 October 1985, you were discharged. The Board carefully weighed all potentially mitigating factors, such as your youth, immaturity and desire to upgrade your discharge. The Board considered your assertions that you enlisted in the Navy as a minor, it was your first time away from home and you were put into a situation in which you were surrounded by adults, you were not of the right maturity level, and you got involved with consuming alcohol to fit in with your peers who were much older than you, who were better capable of handling themselves. The Board also considered your submission of character letters and other supporting documentation on your behalf. The Board concluded that these factors were not sufficient to warrant relief because of the seriousness of your repeated misconduct that resulted in three NJPs. In regard to your assertions, the Board considered your youth and immaturity as factor in your behavior, but concluded that the seriousness of your repeated misconduct outweighed the other factors. The Board in it review discerned no impropriety or inequity in the discharge. It is regretted that the circumstances of your case are such that favorable action cannot be taken at this time. You are entitled to have the Board reconsider its decision upon the 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, 4/12/2019 Executive Director