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


Docket No: 
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 16 April 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, as well as applicable statutes, regulations, and policies. 

You enlisted in the Navy on 19 September 1990. On 25 June 1993, you received nonjudicial punishment (NJP) for unauthorized absence (UA) totaling 65 days and missing movement. On 18 March 1994, you were convicted by special court-martial (SPCM) of disobeying a lawful order, assault, and communicating a threat. Subsequently, you were notified of pending administrative separation action by reason of misconduct due to commission of a serious offense. Your commanding officer (CO) recommended an other than honorable (OTH) discharge by reason of misconduct due to commission of a serious offense. You stated you did not object to this separation. The discharge authority approved the separation under other than honorable conditions. On 1 June 1994, you were discharged. 

The Board carefully weighed all potentially mitigating factors, such as your contentions that you were young and raising four kids, you were dealing with your wife’s drug addiction, and you did not knowingly or willfully think you were wrong in your actions. The Board noted that, despite the personal issues you were encountering, the evidence of record did not show that you were not responsible for your conduct, or that you should not be held accountable for your actions. The Board noted that there is no evidence in your record, and you submitted none, to support your contention that you were told that you had no choice but to plead guilty. The Board also noted that the record shows you were notified of, and waived, your right to present your case to an administrative discharge board. The Board concluded that these factors were not sufficient to warrant relief in your case given the seriousness of your misconduct. 

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,

7/10/2019