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

Docket No: 8714-18 
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 1 October 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.

You enlisted in the Navy on 17 April 1989. On 1 February 1990 and 3 December 1990, you received non-judicial punishments (NJP) for misconduct including disorderly conduct, drinking under age, assault consummated by a battery (“striking a fellow sailor three times in the face”), and drunk and disorderly conduct. Subsequently, you were notified of pending administrative action to separate you from the naval service by reason of misconduct due to commission of a serious offence.  You were advised of, and waived, your procedural rights, including your right to consult with or be represented by counsel, and to request that your case be heard before an administrative discharge board (ADB). After you waived your rights, your commanding officer (CO) “strongly recommended” discharge with an other than honorable (OTH) characterization of service by reason of misconduct due commission of a serious offence. The discharge authority approved this recommendation and directed separation under OTH conditions by reason of misconduct.  On 4 January 1991, you so were discharged.

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and your contention that you were told that your discharge would automatically be upgraded to honorable after six months. 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 contention that you were told that your discharge would automatically be upgraded to honorable after six months, the Board noted that there is no provision in law or regulations that allows for re-characterization of a discharge automatically after six months, due solely to the passage of time.

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,