DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1136-19 Ref: Signature date Dear : This letter 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 21 January 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. You enlisted in the Navy on 23 February 1987. During the period from 8 April 1988 to 30 August 1988, you received three non-judicial punishments (NJP) for making a false official statement, conducting yourself in a manner not conducive to good order and discipline, two specifications of absent from appointed place of duty, unauthorized absence (UA), and missing ship’s movement. Subsequently, you were notified of pending administrative action to separate you from the naval service by reason of misconduct due to commission of a serious offense. After you were advised of, and waived your rights, your commanding officer (CO) “strongly” recommended that you be discharged with an other than honorable (OTH) characterization of service by reason of misconduct due to commission of a serious offense. The discharge authority approved this recommendation and directed your discharge with an OTH characterization of service by reason of misconduct. On 7 October 1988, you were so discharged. The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, contention that you were told by your not to board the ship because it would be unsafe for you due to the threat you received from your . The Board also considered your contentions that you were told an administrative discharge simply meant you could not reenlist, that you would have all of you Department of Veterans Affairs (DVA) benefits available except dental, you should not be ineligible for DVA benefits due to the actions of others, and that you were a 4.0 Sailor except for the one indiscretion. However, the Board concluded that the seriousness of your misconduct outweighed your desire to upgrade your discharge. In regard to your contentions that you were told by your not to board the ship because it would be unsafe for you due to the threat you received from your , and you were told an administrative discharge simply meant that you could not reenlist, the Board noted that there is no evidence in your record, and you submitted none, to support your contentions. The Board also noted that the record shows that you were notified of and waived your right to present your case to an administrative board (ADB). In doing so, you gave up your first and best opportunity to advocate for retention or a more favorable characterization of service. In regard to your contention that you were told you would have all of your DVA benefits available except dental, the Board noted that there is no evidence in your record, and you submitted none, to support your contention. In regard to your contention that you should not be ineligible for DVA benefits due to the actions of others, 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. In regard to your contention that you were a 4.0 Sailor except for the one indiscretion, the Board noted that a Sailor’s service is characterized at the time of discharge based on performance during the current enlistment. The Board also noted that the record contains documented evidence which is contrary to your contention. The record clearly shows you received three NJP’s prior to being discharged. 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.