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

Docket No: 8537-18
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 18 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, 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 31 July 1990. During the period from 17 October 1991 to 6 January 1992, you received three non-judicial punishments (NJP) for two specifications of disobeying a lawful order, an unauthorized absence totaling two days, failure to go to your appointed place of duty, and breaking restriction. Subsequently, you were notified of pending administrative separation action, at which time you waived your procedural right to consult with legal counsel and to present your case to an administrative discharge board. Prior to the commanding officer’s recommendation you were convicted by summary court- martial (SCM) of failure to go to your appointed place of duty and disrespect in language. The commanding officer (CO) recommended that you be discharged with an other than honorable (OTH) character of service. The separation authority approved the CO’s recommendation and directed that you be discharged with an other than honorable (OTH) character of service.  On 13 April 1992, you were discharged.

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, and your contentions that the Navy was unjust in not assisting you with your mother’s grave illness, you were compelled to leave to help your mother, and you were a victim of racial discrimination throughout your duration coming back. The Board was sympathetic to your mother’s condition, however, concluded your mitigating factors were insufficient to warrant relief because of the seriousness of your repeated misconduct that resulted in three NJPs and SCM conviction. In regard to your contention concerning racial discrimination, there is no evidence in the record and you did not provide any evidence to support your contention. 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.

Sincerely,