No: 8243-18 
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 16 December 2018.  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. 
 
You enlisted in the Navy and began a period of active duty on 1 July 1982.  On 2 January 1985, and 31 May 1985, you received nonjudicial punishment (NJP) for two periods of unauthorized absence (UA) totaling nine days, missing ship’s movement, and failure to obey an order.  On 7 June 1985, you were counseled concerning your deficiencies and warned that further misconduct could result in administrative discharge action.  Two months later, on 1 August 1985, you received NJP for 29 days of UA, missing ship’s movement, and breaking restriction.  On 2 August 1985, administrative discharge action was initiated to separate you from the naval service due to your pattern of misconduct and commission of a serious offense.  After being afforded your procedural rights, you waived your right to consult with legal counsel or have your case heard before an administrative discharge board.  You case was forwarded to the separation authority “strongly” recommending that you be discharged with an other than honorable (OTH) characterization of service.  On 20 August 1985, the separation authority directed that you receive an OTH discharge due to commission of a serious offense.  On 27 August 1985, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors, such as your record of service, and desire to have your characterization of service upgraded.  The Board also consider your assertions that you were under “a lot of stress,” and it was a “very bad time in [your] life, with depression and alcohol.”  However, the Board concluded that these factors and assertions were insufficient to warrant recharacterization of your discharge given your misconduct, which resulted in three NJPs, and the fact that you were warned, after your second NJP, of the consequences of further misconduct. 
 
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,