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

Docket No: 7636-18 
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 17 September 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 on 22 August 1986.  During the period from 20 May 1987 to 22 July 1987, you received three non-judicial punishments (NJP) for four specifications of unauthorized absence (UA) totaling 24 days, and five specifications of absence from your appointed place of duty.  Subsequently, you were notified of pending administrative action to separate you from the naval service by reason of misconduct due to a pattern of misconduct and misconduct due to commission of a serious offence.  You were advised of, and waived, your procedural rights, to include your right to consult with or be represented by legal counsel, and your right to request that your case be heard by an administrative discharge board (ADB).  Your commanding officer (CO) recommended that you be separated with an under other than honorable (OTH) characterization of service by reason of misconduct due to a pattern of misconduct/commission of a serious offence.  The discharge authority approved this recommendation and directed an OTH separation by reason of misconduct.  On 19 August 1987, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and your contentions that you went UA because you were having “family issues,” had no one to turn too, and that you were told that if you remained trouble free and became a model citizen you could request an honorable discharge.  However, the Board concluded that the seriousness of your misconduct outweighed your desire to upgrade your discharge and clearly supports the separation authority’s decision to issue you an OTH discharge. 
 
Regarding your contentions that you went UA because you were having family issues, had no one to turn too, and that you were told that if you remained trouble free and became a model citizen you could request an honorable discharge, the Board noted that there is no evidence in your record, and you submitted none, to support your contentions.  The Board also noted that the record shows that you were notified of, and waived, your right to present your case to an ADB.  In doing so, you gave up your first and best opportunity to advocate for retention or a more favorable 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.