DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490 

Docket No: 5154-18                                     
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 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 17 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. 

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 5 August 1993.  On 25 March 1994 and 29 March 1994, you received nonjudicial punishment (NJP) for larceny and failure to go to your appointed place of duty.  On 20 April 1994, you were notified of pending administrative action to separate you from the naval service by reason of misconduct due to commission of a serious offense. You were advised of, and waived, your administrative rights, including your rights to consult with and be represented by legal counsel, and to present your case to an administrative discharge board (ADB).  Your commanding officer “strongly recommended” that you be discharged with an other than honorable (OTH) characterization of service by reason of misconduct.  The discharge authority approved this recommendation and directed separation under OTH conditions by reason of misconduct due to commission of a serious offense.  On 20 May 1994, you were so discharged after approximately nine months of active duty service. 

The Board carefully weighed all potentially mitigating factors in your case, including your post-service conduct and your contentions that you were “hazed” and “bullied” which was not addressed by your command, and that you were not provided adequate counsel.  However, the Board concluded these factors were insufficient to warrant relief in your case because of the seriousness of your misconduct that resulted in two NJPs.  Further, you were given an opportunity to defend your actions, but waived your procedural rights.  Regarding your contentions, 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.  Your allegations of hazing, unsupported in the record or by submission of documentation by you, failed to overcome that presumption.  Further, as stated previously, you waived your right to consult with counsel, which would have provided an opportunity to ask questions and gain a better understanding of the administrative separation process.  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.  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,