DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490
                
Docket No: 6853-18 
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 28 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, relevant portions of your naval record, applicable statutes, regulations, and policies 
 
You enlisted in the Navy and began a period of active duty on 16 June 1982.  You served for nearly nine months without disciplinary incident, but during the period from 11 March 1983 to 5 April 1984, you received nonjudicial punishment (NJP) on five occasions.  Your offenses were two instances of failure to go to your appointed place of duty, failure to obey a lawful order, two instances of disobeying a lawful order from a superior petty officer, two instances of unauthorized absence, disrespect, two instances of assault, breaking restriction, using provoking words, and communicating a threat.  Subsequently, you were notified of pending administrative separation by reason of misconduct due to frequent involvement of a discreditable nature with military authorities.  After consulting with legal counsel, you elected to present your case to an administrative discharge board (ADB).  On 14 May 1984, the ADB recommended discharge under other than honorable (OTH) conditions by reason of misconduct due to frequent involvement.  On 14 June 1984, you received your sixth NJP for two instances each of unauthorized absence and disobeying orders.  The separation authority directed an OTH discharge by reason of misconduct due to a frequent involvement, and on 3 August 1984, you were discharged. 
 
The Board carefully weighed all potentially mitigating factors such as your request to upgrade your discharge and contentions that you should have been granted an honorable discharge, you needed to get home to your family, and did things not in your character to get home.  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 six NJPs.  About your contention, the Board considered your youth and immaturity as factors in your behavior but concluded that the severity of your misconduct outweighed your mitigating factors.  Further, the Board was sympathetic to your desire get home to your family, but found nothing in your record and you did not submit any supporting documentations to show that your family concerns could not be resolved through standard military channels.  The Board, in its review, discerned no material error or injustice in the discharge or characterization of service. 
 
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.