DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 7330-18 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 24 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 will not materially add to their 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 24 July 1989. On 13 March 1990, you received nonjudicial punishment (NJP) for failure to go at the time prescribed to your appointed place of duty and violating a lawful order. On 19 December 1990, you received NJP for leaving your appointed place of duty, two specifications of disobeying a lawful order, assault and communicating a threat. Subsequently, you were notified of pending administrative separation action by reason of misconduct due to commission of a serious offense. You elected to consult with legal counsel and subsequently requested an administrative discharge board (ADB). An ADB was convened and found that you committed misconduct and recommended administrative discharge with an other than honorable (OTH) characterization of service. The commanding officer (CO) concurred with the ADB’s recommendation. The discharge authority approved this recommendation and, on 2 May 1991, you were discharged. The Board carefully weighed all potentially mitigating factors to your discharge and request for change to your narrative reason for separation, including the character letters and contentions that your misconduct was very minor, not willful or persistent, and the third class petty officer disliked you. You explained that you and the petty officer got into a shoving match, which was the only issue that led to your discharge and that you were falsely accused of striking him. The Board considered your contentions and submission of character letters, but concluded the seriousness of your repeated misconduct that resulted in two NJPs supported your discharge and characterization of service. Notably, the ADB, which was in the best opportunity to consider the circumstances of the offense because it was held close in time to the incidents, determined that an OTH was appropriate. In view of the forgoing, the Board discerned no material error or injustice in the discharge action that would warrant a change in your 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.