DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490  
           
Docket No: 2713-18                
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 15 May 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 20 June 1991.  You served for nearly eight months without disciplinary incident, but during the period from 13 February 1992 to 21 March 1992, you received nonjudicial punishment (NJP) on three occasions and were convicted by summary court-martial (SCM).  Your offenses were dereliction in the performance of duties, failure to go to appointed place of duty, and willfully disobey a lawful order from a noncommissioned officer.  Subsequently, you were notified of pending administrative separation by reason of misconduct due to a 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 discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.  The discharged authority approved this recommendation and directed your separation under other than honorable conditions by reason of misconduct and on 13 April 1992, you were discharged. 

The Board carefully weighed all potentially mitigating factors, including your request to upgrade your discharge to honorable and contentions that you were subjected to humiliation, hazing, physical attack, and belittling by your division leaders, you were forced to perform unreasonable duties, and you didn’t have support of your chain of command. The Board concluded these factors were not sufficient to warrant relief in your case because of the seriousness of your repeated misconduct that resulted in three NJPs and an SCM. 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. Your allegations, unsupported in the record or by submission of documentation failed to overcome that presumption. The Board, in its review, discerned no material error or injustice in the discharge.
 
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, 


7/22/2019