Docket No: 10816-19 
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 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 
30 September 2020.  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. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the Navy and began a period of active service on 22 April 1984.  You went unauthorized absence (UA) from 5 October 1985 until your surrender on 8 October 1985.  You went UA on 12 June 1986.  On 25 July 1986, you received non-judicial punishment (NJP) for disrespect toward a chief petty officer.  On 3 September 1986, you received NJP for failure to go to your appointed place of duty, and contempt and disrespect towards a petty officer.  On 
30 October 1986, you were counseled regarding your misconduct.  On 14 February 1987, you received NJP for failure to obey two lawful orders of a superior petty officer and disrespect toward a superior petty officer.  On 21 February 1987, you were notified of an administrative action to separate you from the naval service for misconduct-pattern of misconduct, and misconduct-commission of a serious offense, at which point, you waived your right to consult with counsel and to have your case presented to an administrative discharge board.  On 6 March 1987, the discharge authority directed your discharge with an other than honorable (OTH) characterization of service by reason of misconduct-pattern of misconduct.  On 23 March 1987, you were discharged. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contention you did your duties in compliance with naval regulation.  After careful consideration of your contentions, the Board concluded there is insufficient evidence to warrant relief in your case given your pattern of misconduct which resulted in three NJPs.  In this regard, the Board concluded the misconduct reflected in your service record 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 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,