DEPARTMENT OF THE NAVY 

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

Docket No: 8945-17 
Ref: Signature date 

Dear 

This letter 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 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 
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, as well as applicable statutes, regulations, 
and policies. 

You enlisted in the Navy and began a period of active duty on 26 March 1990. You served for a 
year without disciplinary incident, but during the period from 29 March 1991 to 21 May 1992, 
you received nonjudicial punishment (NJP) on four occasions. Your offenses were failure to go 
to your appointed place of duty, unauthorized absence (UA) from your unit for three days, 
missing ship’s movements, failure to obey a lawful order (sleeping on fire watch), failure to obey 
a lawful general regulation by wrongful possession of a firearm, and using provoking words. 
Subsequently, you were notified of pending administrative separation by reason of misconduct 
due to commission of a serious offense. After consulting with legal counsel, you elected to 
present your case to an administrative discharge board (ADB). On 15 April 1992, the ADB 
found that you committed misconduct and recommended that you should be separated with a 
general characterization of service. The discharge authority concurred with the ADB and 
directed separation under honorable conditions by reason of misconduct. On 12 June 1992, you 
were discharged. 

The Board carefully weighed all potentially mitigating factors, such as your request to upgrade 
your discharge, and your contentions that at the time of your discharge you were in      , 
   , and there was some racism towards you, that you have been trouble free since leaving the 
military, that you did not commit a serious offense, and that you were not reduced in rank. The 
Board concluded these factors were not sufficient to warrant relief in your case because of your 
repeated misconduct that resulted in four NJPs. In regard to your contentions, the Board relies 
on a presumption of regularity to support the official actions of public officers and, in the 
absence of substantial evidence to the contrary, will presume that they have properly discharged 
their official duties. The Board was sympathetic to your concern about racism at the time of 
your discharge, and viewed your allegations with serious concern. However, this Board is not an 
investigating agency nor does it have the resources to investigate events not in the record from 
more than twenty-seven years ago. A “serious offense” is a violation of the Uniform Code of 
Military Justice (UCMJ) for which a punitive discharge is authorized. Sleeping on fire watch, 
wrongful possession of a firearm, and failure to obey a lawful general regulation are such 
offenses. Navy regulations state that if a member is being separated with a characterization of 
service under other than honorable (OTH) conditions and is E-4 or above, the member will be 
administratively reduced to E-3 effective upon separation. You were separated with a general 
characterization of service. The Board in its review discerned no material errror or injustice in 
the discharge, the characterization of service, or the listed reason for separation. 

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, 

6/13/2019

Executive Director