Docket No: 3477-18
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 19 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. 

You enlisted in the Navy and began a period of active duty on 21 April 1986. You served for a year without disciplinary incident, but during the period from 23 April 1987 to 3 March 1988,you received nonjudicial punishment (NJP) on three occasions. Your offenses were unauthorized absence (UA) from your unit for a period of 15 days, missing ship’s movement, three specifications of failure to go to your appointed place of duty, dereliction in the performance of your duties, and wrongful use of marijuana. 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 (OTH) by reason of misconduct due to a pattern of misconduct. The discharge authority approved the recommendation and directed your OTH separation by reason of misconduct. On 14 April 1988, you were discharged. 

The Board carefully weighed all potentially mitigating factors, including your request to change the characterization of your service from OTH to under honorable conditions (GEN), as well as contentions that you were young and rebellious, you didn’t know better, you have learned from your mistakes, and it is embarrassing to put on your employment applications; also, you would now like to be considered for VA benefits. 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 wrongful drug use in light of the Navy’s drug policy. 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. In regard to your contentions, the Board considered your youth and immaturity as factors in your behavior, but concluded that the severity of your misconduct outweighed your mitigating factors. Regarding your concern about eligibility for veteran’s benefits whether or not you are eligible for benefits is a matter under the cognizance of the Department of Veterans Affairs (VA), and you should contact the nearest VA office concerning your right to apply for benefits. If you have been denied benefits, you may appeal that denial under procedures established by the VA. The Board, in its review, discerned no material error or injustice in the discharge or characterization of your 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.