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

Docket No: 9130-18 
Date: Ref Signature 

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 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 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, together with all material submitted in support thereof, relevant portions of your naval record, applicable statutes, and regulations and policies.
 
You enlisted in the Navy and began a period of active service on 7 March 1984.  From the period of 19 September 1985 to 8 June 1986 you received non-judicial punishment (NJP) on three occasions for the following offenses: two instances of unauthorized absence (UA), possession of a controlled substance (marijuana), disrespect toward a superior commissioned officer, and two instances of failure to obey a lawful order. On 20 August 1986, you were convicted at a summary court martial (SCM) for three instances of UA, five instances of failure to obey a superior commissioned officer, and disrespect to an officer.  On 8 September 1986, you received your fourth NJP for UA, wrongful possession of a controlled substance, and dereliction of duty.  On 19 September 1986, you were notified of the initiation of administrative separation proceedings for misconduct - pattern of misconduct, and misconduct - drug abuse.  On 24 September 1976, you waived counsel.  On 11 October 1986, the discharge authority approved and directed your discharged with an other than honorable character of service by reason of misconduct - pattern of misconduct, and you were discharged on 15 October 1986.            

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contention you used marijuana to subside your chronic pain.  The Board found that these factors were not sufficient to warrant relief in your case given the severity of your misconduct, which resulted in four NJPs, and one SCM.  In this regard, the Board concluded the seriousness of your repeated misconduct outweighed your desire to upgrade your discharge. 

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 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, 


10/6/2019