DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
                                                                                 
Docket No: 9213-18 
Ref: Signature Date 
 
Dear : 
 
This is in reference to your application of 15 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 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 12 November 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, and applicable statutes, regulations, and policies. 
 
You enlisted in the Navy and began a period of active service on 25 August 1989.  During the period from 23 February 1990 to 18 March 1993, you received four non-judicial punishments (NJP) for eight specifications of unauthorized absence (UA) totaling 47 days, failure to obey a lawful order, breach of peace, and wrongful use of a controlled substance.  Subsequently, you were notified of administrative action to separate you from the naval service by reason of misconduct due to a pattern of misconduct.  On 26 March 1993, you waived your right to consult with an attorney and to have your case presented to an administrative discharge board (ADB).  Subsequently, your commanding officer (CO) recommended discharge under other than honorable (OTH) conditions by reason of misconduct due to a pattern of misconduct.  The separation authority approved this recommendation and directed separation under other than honorable conditions by reason of misconduct.  On 30 April 1993, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and contention that you need Department of Veterans Affairs (DVA) educational benefits.  However, the Board concluded that the seriousness of your misconduct outweighed your desire to upgrade your discharge.  Regarding your contention that you need DVA educational benefits, whether or not you are eligible for benefits is a matter under the cognizance of the DVA, and you should contact the nearest office of the DVA concerning your right to apply for benefits.  If you have been denied benefits, you should appeal that denial under procedures established by the DVA.

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.