Docket No: 3839-18 
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 that 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 July 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 3 February 1988.  You served for two years without disciplinary incident, but on 16 February 1990, you received non-judicial punishment (NJP) for unauthorized absence (UA) from your unit for a period of 139 days, and missing ship’s movement on six different occasions.  Subsequently, you were notified of pending administrative separation by reason of misconduct due to commission of a serious offense, at which time you waived your procedural rights to consult with legal counsel and to present your case to an administrative discharge board (ADB).  Your commanding officer stated that your misconduct demonstrated “a complete disregard for good order and discipline,” and recommended that you be separated from the naval service with an under other than honorable (OTH) characterization of service by reason of misconduct due to commission of a serious offense.  The discharge authority approved this recommendation and directed separation under other than honorable conditions by reason of misconduct, and on 16 March 1990, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your contention that you had a family emergency, and that you did not receive any support or counseling on how to initiate an appeal.  The Board found that these factors were insufficient to warrant relief in your case because of the seriousness of your misconduct that resulted in an NJP and a period of UA lasting more than four months, missing ship’s movement several times.  The Board also noted that you waived your right to an ADB, which was your best opportunity for retention or a better characterization of service.  Regarding your contentions, the Board was sympathetic to your concern for your mother’s health, and feelings of responsibility for your siblings, but noted that there was nothing in your record, and you did not submit any supporting documentation, to show that your family problems could not be resolved through standard military channels, or that you ever attempted to do so.  Further, during your administrative separation process you waived your right to consult with military counsel, who would have been able to advise you of the process to appeal the characterization of your discharge.  Accordingly, the Board, in its review, discerned no probable material error or injustice in the discharge. 
 
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, 
 
                                                                             
8/30/2019
Executive Director