DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 3844-18 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 10 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 reenlisted in the Navy and began a period of active duty on 11 April 1983. You served for nearly six months without disciplinary incident, but during the period from 5 October 1983 to 13 June 1984, you received non-judicial punishment (NJP) on three occasions and were convicted by summary court-martial (SCM). Your offenses were unauthorized absence (UA) from your unit for periods of 46 days, wrongful possession of marijuana, and failure to go to your appointed place of duty, and failure to go to your restriction musters. 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 (ABD). Your commanding officer recommended that you be separated from the naval service due to misconduct due to a pattern of misconduct. The discharge authority approved the recommendation and directed your separation under other than honorable (OTH) conditions by reason of misconduct. On 19 November 1984, you were so discharged. The Board carefully weighed all potentially mitigating factors, including your contention that you would not have signed your separation paperwork, but that you were young and in a “hurry to get home.” The Board concluded that these factors were insufficient to warrant relief in your case because of the seriousness of your repeated misconduct that resulted in three NJPs, an SCM conviction, and more than a month of UA from your command. The Board also noted that you waived the right to an ADB, your best opportunity for retention or a better characterization of service. 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. The Board also considered your youth and immaturity as factors in your behavior, but concluded that the severity of your misconduct outweighed your current desire to upgrade your discharge. 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.