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

Docket No: 2992-18                
Ref:  Signature Date 


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 3 June 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.
 
On 14 September 1992, you reenlisted in the Navy after serving over two years of honorable service.  On 28 July 1995 and 1 September 1995, you received nonjudicial punishment (NJP) for larceny and 31 days of unauthorized absence (UA), respectively.  Your original service record was incomplete and did not contain all documentation pertaining to your separation from the Navy.  On 9 September 1995, your command requested authority to separate you.  On 28 September 1995, the separation authority authorized your discharge due to misconduct under other than honorable conditions.  Based on your certificate of release or discharge from active duty (DD Form 214), you were discharged in absentia on 28 September 1995. 

The Board carefully weighed all potentially mitigating factors, such as your request to correct your service entry date, request to upgrade your discharge, and contentions that your discharge was not issued nor did you sign any paperwork.  The Board relies upon the presumption of regularity unless there is substantial evidence to the contrary.  As there was not such evidence in the record, and you submitted none, the Board relied and presumed that the officials acted in good faith in accordance with governing law and policy.  The Board concluded these factors and contention were not sufficient to warrant recharacterization of your discharge or changing your dates of service given your misconduct, which resulted in two NJPs for serious offenses.  In regard to your contention, it appears that you were in a UA status when administrative discharge processing was completed because you were discharged in absentia, and thus your signature would not be required. 

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. 
   
Sincerely,