DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 382-18 Ref: Signature date 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 13 March 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 a year and nearly four months without disciplinary incident, but during the period from 5 October 1992 to 31 August 1993, you received non-judicial punishment (NJP), and were convicted by summary court-martial (SCM). Your offenses were failure to go to your appointed place of duty, disrespect toward a noncommissioned officer, assault consummated by a battery, unauthorized absence (UA) from your unit for a period of 28 days, missing ship’s movement and wrongful use of marijuana and cocaine. Subsequently, you were notified of pending administrative separation by reason of misconduct. Your commanding officer recommended discharge under other than honorable (OTH) conditions by reason of misconduct. The discharge authority approved this recommendation and, on 12 October 1993, you were discharged. The Board carefully weighed all potentially mitigating factors, including your contentions that you were going through a rough time with your pregnant wife in threat of losing the baby and the baby being born with sickle cell anemia. The Board concluded these factors were not sufficient to warrant relief in your case because of the seriousness of your misconduct that resulted in an NJP, an SCM, and included wrongful drug use. The Board was sympathetic to your family health issues and concern, but noted there was nothing in your record, and you did not submit any supporting documentations, to show that these problems could not be resolved through standard military channels. The Board, in its review, discerned no error or injustice in the discharge. In regard to the time lost (TL) reflected on your DD Form 214, you were UA from your unit and in confinement from 9 July 1993 to 23 August 1993, which is why those days are reflected as time lost. Also, time served in the delayed entry program (DEP) is included in the military service obligation, but is not paid time and, thus, is not reflected on the DD form 214. 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, 6/10/2019