DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490
                
Docket No: 8606-18 
Ref: Signature Date 

Dear  
 
This letter is in reference to your applications of 7 July 2018 and 26 September 2018 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 applications have been denied. 
 
Although your applications were not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your applications on their merits.  A three-member panel of the Board, sitting in executive session, considered your applications on 5 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 applications, relevant portions of your naval record, and applicable statutes, regulations, and policies. 
 
You enlisted in the Navy and began a period of active duty on 29 August 1988.  During the period from 28 July 1989 to 16 November 1990, you received nonjudicial punishment (NJP) on four occasions.  Your offenses included failures to go to your appointed place of duty, failure to obey lawful orders, unauthorized absences (UA) from your unit, and using disrespectful language toward a noncommissioned officer.  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 the commission of a serious offense.  You consulted with an attorney and waived your right to present your case to an administrative discharge board (ABD), and your right to submit statements in writing.  While pending administrative separation, you went to NJP on two more occasions, on 30 November 1990 and 20 December 1990, for being absent from your appointed place of duty, and disrespect towards a superior petty officer.  Your commanding officer (CO) “strongly recommended” that you be discharged with an other than honorable (OTH) characterization of service, commenting that you “had no desire to remain in the Navy,” were a “constant discipline problem for the command,” and that you “have recently chosen to endanger the lives of the entire crew by abandoning [your] watch station as lookout.”  The discharge authority approved the CO’s recommendation, and directed your separation under other than honorable conditions by reason of misconduct due to a pattern of misconduct and misconduct due to the commission of a serious offense.  On 1 March 1991, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your post-service conduct, and your contentions that you were “immature and did not understand the consequences of [your] actions.”  The Board also considered your contention that the fact that remarks block (section 18) of your DD Form 214 is “causing problems.”  However, the Board concluded that these factors were insufficient to warrant relief in your case because of the seriousness of your repeated misconduct that resulted in six NJPs, two of which occurred while you were pending administrative separation.  Moreover, the Board noted that you waived the right to an ADB, which was your best opportunity to advocate for retention or a better characterization of service.  Regarding your contentions, the Board considered your youth and immaturity as factors in your behavior, but concluded that the severity of your misconduct outweighed your current desire to upgrade your discharge.  The Board also noted that the “Remarks” block 18 on the DD Form 214 is only used when there is additional official information.  Accordingly, the Board, in its review, found no material error or injustice in the discharge or 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.