Docket No: 10575-18 
Ref: Signature Date 

Dear  
 
This is in reference to your application of 1 November 2018 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 that 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 3 December 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, relevant portions of your naval record, and applicable statutes, regulations, and policies. 
 
You enlisted in the Navy and began a period of active duty on 4 August 1988.  During the period from 1 September 1989 to 29 June 1990, you received four non-judicial punishments (NJP) for two specifications of failure to obey a lawful order, disrespectful in language, two specifications of unauthorized absence (UA), willfully disobeying a lawful order, resisting apprehension, and wrongfully using provoking words.  Subsequently, you were notified of an administrative action to separate you from the naval service by reason of misconduct due to a pattern of misconduct.  After you waived your rights, your commanding officer (CO) recommended that you be discharge with an other than honorable (OTH) characterization of service by reason of misconduct due to a pattern of misconduct.  The discharge authority approved this recommendation and directed separation with an OTH characterization of service by reason of misconduct.  On 28 August 1990, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and contentions that you did not receive proper representation due to the charges being minor, you were not given a fair chance, and you were misjudged due to freedom of speech.  In this regard, the Board concluded that seriousness of your misconduct outweighed your desire to upgrade your discharge. 
 
Regarding your contentions that you did not receive proper representation due to the charges being minor, you were not given a fair chance, and you were misjudged due to freedom of speech, the Board noted that there is no evidence in your record, and you submitted none, to support your contentions.  The Board also noted that the record shows that you were notified of and waived your right to present your case to an administrative board (ADB).  In doing so, you gave up your first and best opportunity to advocate for retention or a more favorable characterization of service. 
 
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.