Docket No: 4168-18

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 18 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, 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 on 23 February 1981. During the period from 4 June to 5 November 1981 you received three non-judicial punishments (NJP) for two specifications of unauthorized absence (UA) totaling five days, failure to go to your appointed place of duty, two specifications of disrespect, four specifications of willful disobedience, failure to obey a lawful order, and two specifications of disrespectful language toward a commission officer.  Subsequently, you were notified of pending administrative separation action by reason of misconduct due to frequent involvement with military authorities. After you were advised of and waived your procedural rights, your commanding officer (CO) recommended that you be discharged from the naval service with an other than honorable (OTH) characterization of service by reason of misconduct due to your frequent involvement with military authorities. The discharge authority approved this recommendation and directed separation under other than honorable conditions by reason of misconduct. you were so discharged after completing less than one year of your four-year enlistment. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge, and your contentions that your discharge was unjust because you only received minor infractions, you were young and immature, and that you need Department of Veterans Affairs (DVA) benefits. However, the Board concluded that the seriousness of your misconduct, as evinced by your three NJPs, outweighed your desire to upgrade your discharge and clearly supports the separation authority’s decision to issue you an OTH discharge. 

Regarding the contention that your discharge was unjust because you only received minor infractions, the Board noted that the record shows that you were notified of and waived your procedural right to consult with or be represented by legal counsel, and to present your case to an administrative board (ADB). In doing so, you gave up your first and best opportunity to advocate for retention or a more favorable characterization of service. 

Regarding your contention that you were young and immature, the Board noted that the evidence of record did not show that you were not responsible for your conduct or that you should not be held accountable for your actions. 

Regarding your contention that you need DVA benefits, whether or not you are eligible for benefits is a matter under the cognizance of the DVA, and you may contact the nearest office of the DVA concerning your right to apply for benefits. If you have been denied benefits, you may appeal that denial under procedures established by the DVA. 

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. 

Executive Director