DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 5151-18 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 7 August 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. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel would not materially add to its understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. You enlisted in the Navy and began a period of active duty on 6 November 1980. Approximately seven months later, during the period from 15 July 1981 to 2 April 1982, you received nonjudicial punishment (NJP) on five occasions. Your offenses included failures to go to your appointed place of duty, wrongfully forging a government document, disobeying a lawful orders from a commissioned officer, possession of a false liberty card, unauthorized absences, and missing restricted musters. Subsequently, you were notified of pending administrative action to separate you from the naval service by reason of misconduct due to frequent involvement of a discreditable nature with military authorities. You were advised of, and waived, your procedural rights to consult with legal counsel and to present your case to an administrative discharge board (ADB). Your commanding officer “most strongly” recommended discharge under other than honorable conditions (OTH) by reason of misconduct due to frequent involvement. The discharge authority approved your commanding officer’s recommendation and directed separation under other than honorable conditions by reason of misconduct. On 21 May 1982, you were so discharged. The Board carefully weighed all potentially mitigating factors, such as your post service conduct and your desire to obtain medical 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 five NJPs. Further, you were given an opportunity to defend your actions, but waived your procedural rights. Accordingly, the Board in its review discerned no probable material error or injustice in the discharge. Regarding your concern about eligibility for healthcare, whether or not you are eligible for benefits is a matter under the cognizance of the Department of Veterans Affairs (DVA), and you may contact the nearest office of 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. 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.