Docket No: 1098-19 
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 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 Boards, sitting in executive session, considered your application on 19 February 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, together with all material submitted in support thereof, relevant portions of your naval record, as well as 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 duty on 20 August 1980.  During the period from 28 July 1981 to 25 June 1982, you received four non-judicial punishments (NJP) for assault, unauthorized absence on two occasions totaling 33 days, wrongfully using provoking words, wrongful possession of marijuana and wrongful possession of drug paraphernalia.  On 17 August 1982, you received your fifth NJP for wrongful possession of marijuana.  Subsequently, you were notified of pending administrative action to separate you from the naval service.  You were advised of, and waived, your procedural rights, including your right to consult with and be represented by military counsel and your right to present your case to an administrative discharge board (ADB).  Your commanding officer (CO) recommended that you be administratively discharged from the naval service with an other than honorable (OTH) characterization of service.  The discharge authority approved the CO’s recommendation and directed that you be separated from the naval service with an OTH discharge.  On 22 October 1982, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge.  The Board considered your contention that you served honorably; you did some “stupid things.”  The Board concluded that these factors were insufficient to warrant relief in your case because of the seriousness of your repeated misconduct that resulted in five NJPs.  You also waived your right to an ADB, and thereby forfeited your best opportunity to receive a better characterization of service.  Under the totality of the circumstances, the Board discerned no probable material error or injustice in the 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.