DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 



Docket No: 1187-19 Ref: Signature Date 

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 4 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. 

You enlisted in the Navy on 25 March 1992.  During the period from 25 January 1993 to 24 February 1994, you received three non-judicial punishments (NJP) for violation of a lawful general order, failure to obey a lawful order, and larceny of your roommate’s compact discs valued at $600.00.  Subsequently, you were notified of pending administrative separation action by reason of misconduct due to a pattern of misconduct.  After weaving your rights, your commanding officer (CO) recommended that you be discharged from the Naval Service with an other than honorable (OTH) characterization of service by reason of misconduct due to a pattern of misconduct.  The discharge authority approved this recommendation and directed separation under other than honorable conditions by reason of misconduct.  On 23 March 1994, you received an evaluation from the Navy Hospital .  You were diagnosed with an adjustment disorder, returned to your unit, found fit for duty, and responsible for your actions.  On 7 April 1994, you were discharged. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your contentions that it has been 26 years since your discharge, you were unjustly accused and not afforded a trial to prove your innocence, had only one Captain’s Mast, and was never offered assistance with your prior drinking issues.  In this regard, the Board concluded that the seriousness of your misconduct outweighed your desire to upgrade your discharge. 

In regard to your contention that it has been 26 years since your discharge, the Board noted that there is no provision in law or regulations that allows for automatic re-characterization of a discharge after 26 years, due solely to the passage of time.  In regard to your contention that you were unjustly accused and not afforded a trial to prove your innocence, the Board noted that there is no evidence in your record, and you submitted none, to support your contention.  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 only had one Captain’s Mast, the Board noted that the record contains documented evidence which is contrary to your contention.  The record shows that during the period from 25 January 1993 to 24 February 1994, you received three NJPs.  In regard to your contention that you were never offered assistance with your prior drinking issues, the Board noted that despite your diagnosis of alcohol dependence, the medical staff who evaluated you found that you were still responsible for your actions. 

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,