Docket No: 10086-18 
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 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 September 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 26 December 1990.  On 9 August 1991, you received nonjudicial punishment (NJP) for unauthorized absence (UA).  On 16 October 1991, you began a period of UA that continued until you surrendered on 29 October 1991, and you were UA again on 14 December 1991.  On 20 December 1991, you began another period of UA that continued until you surrendered on 27 January 1992, and you were UA again on 22 March 1992.  On 25 March 1992, you were convicted by summary court-martial (SUM) for violating Uniform Code of Military Justice Article 86 (UA), Article 92 (failure to obey a lawful order), and Article 134 (disorderly conduct).  You were sentenced to forfeiture of pay, restriction, and reduction in rank.  On 21 April 1992, administrative discharge action was initiated by reason of misconduct due to commission of a serious offense.  After being afforded all of your procedural rights, you waived them, and your case was forwarded to the separation authority for review.  Your commanding officer recommended that you receive an under other than honorable (OTH) discharge and the separation authority approved your separation from the Navy.  On 5 June 1992, you received an OTH discharge. 
 
You requested the Board upgrade your discharge to honorable.  You asserted at the time of your discharge you were young, immature, and rebelled against authority.  You did not have the right mindset concerning life and you did appreciate the opportunity or benefits of being in the military.  You stated that the military taught you many life lessons and has been instrumental in shaping the person you are today: married with a family, an upstanding member of society with a clean record.  The Board carefully weighed all potentially mitigating factors, such as your record of service and contentions but concluded these factors were insufficient to warrant a change to your discharge given your misconduct that resulted in NJP and SCM.  The Board noted your post-service accomplishments, however, there is no provision of law or in Navy regulations that allows for recharacterization of service due solely to the passage of time. 
 
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 the submission of new matters, which will require you to complete and submit a new DD Form 149.  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.