Docket No: 11273-19 
Ref: Signature Date 
 

Dear : 
 
This is in reference to your application of 20 November 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 28 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. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to its 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 service on 26 July 1985.  On 17 July 1987, you received non-judicial punishment (NJP) for failing to obey an order or regulation.  On 30 July 1987, you received a second NJP for wrongful use of a controlled substance.  You continued to serve on active duty and subsequently reported to  .  On 25 May 1989, you were evaluated by medical after expressing suicidal ideation and were provisionally diagnosed with suicidal ideation/manipulative behavior.  On 7 June 1989, you received a third NJP for failure to obey a lawful order.  You were notified of an administrative action to separate you from the naval service, and elected to appear before an administrative discharge board.  The ADB found that you committed misconduct and recommended that you be separated from the Navy with an other than honorable characterization of service.  Your Commanding Officer onboard  concurred with the recommendation of the ADB.  On 21 July 1989, you were separated from the Navy on the basis of a pattern of misconduct, with an other than honorable characterization of service and a reentry (RE) code of RE-4. 
 
You request an upgrade to your discharge characterization from other than honorable to honorable.  You state that due to current circumstances in the change in the military, your other than honorable discharge is not warranted.  You also contend that the charges brought against you did not have substantial evidence that you violated three Uniform Code of Military Justice (UCMJ) codes.  You ask that the Board take into consideration that you were close to the four year mark of your Navy service when you were discharge; you assert that you should have been discharged honorably. 
 
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your contention that there was insufficient evidence to support the findings that you violated the UCMJ.  The Board noted, however, that your record reflects three NJPs for various infractions.  You also elected to appear before an ADB which determined that you committed misconduct and recommended that you be separated from the Navy with an other than honorable characterization of service.  Even in consideration of the length of your service, the current policies of the military, and your contention that there was insufficient evidence to support the findings that you violated the UCMJ, the Board found that the information in your record supports your current characterization of service.  The Board concluded that your current characterization does not reflect an error or injustice that merits corrective action. 
 
It is regretted that the circumstances of your case are such that favorable action cannot be taken on your other than honorable characterization of service for your final period of enlistment.  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.