Docket No: 11215-19 
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 Board, sitting in executive session, considered your application on 24 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, and applicable statutes, regulations, and policies. 
 
You enlisted in the Navy and began a period of active duty on 3 June 1988.  You served without disciplinary incident for approximately two years.  On 29 October 1990, you received nonjudicial punishment (NJP) for violating Article 107 and Article 134 of the Uniform Code of Military Justice (UCMJ).  You received a second NJP on 5 January 1991 for violating Article 86 and Article 107 of the UCMJ.  On 17 June 1991, you received a third NJP for violating Article 134, UCMJ.  Your commanding officer notified you of administrative separation proceedings against you, and you elected to appear before an administrative separation board.  The administrative separation board recommended that you be discharged by reason of misconduct due to the commission of a serious offense.  On 16 October 1991, you were discharged from the Navy on the basis of misconduct due to the commission of a serious offense with a general characterization of service and a reentry (RE) code of RE-4.  Following your discharge, the Department of Veterans Affairs (VA) rated you 100% disabled due to schizoaffective disorder with an effective date of rating of 17 December 2015. You request an upgrade of your characterization of service from general to honorable, reinstatement of lost rank from E-1 to E-3, and a disability discharge due to schizoaffective disorder at 100% disability rating.  You contend that you merit corrective action due to suffering from disease while on active duty. 
  
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your contention that you were struggling with schizoaffective disorder.  The Board noted, however, that your record does not reflect an in-service medical diagnosis of schizoaffective disorder.  Furthermore, your administrative separation proceedings were initiated on the basis of misconduct.  Pursuant to SECNAVINST 1850.4 series, processing for administrative discharge for misconduct take precedence over processing for disability.  Even considering your assertion that you suffered from a disease while in the Navy, the Board found that your repeated serious misconduct, as evidenced by your three NJPs, was an appropriate basis for your administrative discharge.  The Board determined that your loss of rank was based on administrative disciplinary action and was without error or injustice.  Furthermore, the Board concluded that your general discharge is supported by the recommendation of the administrative separation board as well as the misconduct in your record.  Therefore, the Board concluded that your record does not contain error or injustice warranting corrective action. 
 
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.