Docket No: 3465-18
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 
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 April 1982.  On 9 July 1984, you received nonjudicial punishment (NJP) for an unauthorized absence. On 6 January 1985, you received a second NJP for assault. On 20 June 1985, you received a third NJP for failure to obey a lawful order. Subsequently, you were notified of pending administrative separation action, at which time you waived your procedural right to consult with legal counsel and to present your case to an administrative discharge board. The commanding officer (CO) recommended that you be discharged with an other than honorable (OTH) character of service. The discharge authority approved the CO’s recommendation and directed that you be discharged with an OTH. On 22 July 1985, you were discharged. 

The Board carefully considered your request to upgrade your discharge and contention that you did everything that was asked of you over the 3 ½ years you served and your contract says you would receive your education benefits under any discharge except a dishonorable discharge. The Board concluded that these factors were not sufficient to warrant relief because of the seriousness of your repeated misconduct that resulted in three NJPs. In regard to yourcontention concerning your education benefits, there is no evidence in your record, and you did not provide any, to support your contention. In view of the forgoing,the Board discerned no material error or injustice in the discharge action that would warrant a change in your characterization of service. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken at this time. 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,