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

Docket No: 9053-18   
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 4 December 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 and began a period of active service on 28 August 1984.  You were counseled on 5 February 1987 and 10 February 1987 for failure to pay just debts.  On 30 April 1987, you were convicted at a summary court-martial (SCM) for failure to go to your appointed place of duty, and failure to obey a lawful order.  On 28 May 1987, you were notified of the initiation of administrative processing to separate you from the naval service by reason of misconduct-commission of a serious offense.  On 10 June 1987, you elected to consult with legal counsel and subsequently waived your procedural rights.  On 17 July 1987, while pending administrative separation, you received NJP for making a check without sufficient funds with intent to defraud.  On 6 August 1987, your commanding officer noted your “purposeful mismanagement of personal financial maters and disregard for authority” and recommended your discharge, by reason of misconduct-commission of a serious offense. On 27 August 1987, the discharge authority approved that recommendation and directed an other than honorable (OTH) characterization of service. On 4 September 1987, you were so discharged.  You petitioned the Naval Discharge Review Board (NDRB) to upgrade your characterization of discharge and contended that your discharge “was based on one isolated incident in 36 months of service with no other adverse actions.” On 14 September 2000, the NDRB determined that your discharge was proper as issued and that no change was warranted.  

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your request for restoration of your rank.  You contend you experienced discrimination based on your race and that you were treated unfairly.  Concerning your assertion of racial prejudice, there is no indication in the record, and your provided none, to reflect that such problems existed.  Your previous petition to the NDRB in 2000 also fails to mention any racial prejudice or discrimination.  The Board concluded that the severity of your repeated misconduct outweighed your current desire to upgrade your discharge.  Further, you provided no evidence, and your records to do contain evidence, to support adjustment to your rank.  Accordingly, the Board determined adjustment to your rank was not warranted.   

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, 


1/8/2020