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

Docket No: 8238-18 Date: 
Ref Signature

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 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 11 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, applicable statutes, and regulations and policies.

You enlisted in the Navy and began a period of active service on 6 July 1984. On 14 April 1986, you received non-judicial punishment (NJP) for operating a motor vehicle in a reckless manner, failure to obey a lawful order, and unauthorized absence (UA).  Two months later, on 19 June 1986, you received your second NJP for operating a motor vehicle while your license was under base revocation. On 6 April 1987, you were convicted at a summary court-martial (SCM) for disobeying a lawful general order (entertaining females in your barracks room without prior authorization), and with intent to defraud, wrongfully obtaining long distance telephone services valued at $35.30. On 8 June 1987, you were notified of the initiation of administrative proceedings to separate you from the naval service by reason of misconduct due to a pattern of misconduct. On 10 June 1987, you consulted with military legal counsel and waived your right to be represented by counsel or to request that your case be heard before and administrative discharge board (ADB). On 16 June 1987, your commanding officer (CO) recommended that you be discharged with an other than honorable (OTH) characterization of service by reason of misconduct-pattern of misconduct.  On 19 June 1987, the separation authority approved your CO’s recommendation, and directed that you be discharged with an OTH by reason of misconduct-pattern of misconduct.  On 2 July 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 contention that your punishment did not fit the crime.  However, the Board found that these factors were insufficient to warrant relief in your case given the severity of your misconduct, which resulted in two NJPs, and one SCM conviction. In this regard, the Board concluded the seriousness of your repeated misconduct outweighed your desire to upgrade your 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,