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

Docket No: 8986-18 
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 9 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, 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 30 March 1987.  During the period from 4 October 1989 to 23 January 1990, you received three non-judicial punishments (NJP) for absent without leave on two occasions, insubordinate conduct, and false official statement.  Subsequently, you were notified of pending administrative separation action, at which time you consulted with legal counsel, but waived your procedural right to present your case to an administrative discharge board.  Your commanding officer (CO) recommended that you be discharged with an other than honorable (OTH) characterization of service.  The separation authority approved the CO’s recommendation and directed that you be discharged with an OTH character of service. Prior to your discharge, on 6 March 1990, you were convicted by summary court-martial (SCM) of assault consummated by a battery. On 21 March 1990, you received your fourth NJP for failure to obey a written order. You subsequently were discharged on 5 April 1990.

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge.  The Board considered your contentions that you did not have a pattern of misconduct as stated on your discharge. There was a lot of theft going on in your unit, you reported it when you discovered it, and you were punished for reporting by your superiors. The Board considered your contention, however, concluded that these factors were not sufficient to warrant relief because of the seriousness of your repeated misconduct that resulted in four NJPs and SCM conviction. In regard to your contention, there was no evidence in the record and you did not present any to support your contention. Under the totality of the circumstances, the Board discerned no probable material error or injustice in the discharge.

In regard to your contention that you did not have a pattern of misconduct while in the service, a member may be processed for administrative separation by reason of pattern of misconduct with two or more NJPs or court-martials. The Board noted your record contained three NJPs at the time of your notification of pending administrative action. You ultimately received four NJPs and an SCM conviction. In regard to your contention that you were punished by your superiors for reporting theft within your unit, there is no evidence in your record and you presented none beyond your statement to support your contention.

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,