DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1243-19 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 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. You enlisted in the Navy and began a period of active duty on 20 March 1986. On 1 August 1986, you received non-judicial punishment (NJP) for drunk and disorderly conduct and two specifications of unauthorized absence (UA) totaling three days. Two months later, on 24 October 1986, you received your second NJP for destruction of military property. Six months later, on 11 April 1987, you received your third NJP for eight specifications of UA. Subsequently, you were notified of administrative action to separate you from the naval service due to you pattern of misconduct. After consulting with legal counsel, you elected to present your case to an administrative discharge board (ADB). An ADB was convened and recommended that you be administratively separated for your pattern of misconduct with a general (under honorable conditions) (GEN) characterization of service. Your commanding officer (CO) concurred with the ADB’s recommendation. The discharge authority approved the recommendation and directed that you be administratively discharged from the naval service with a GEN characterization of service. The record reflects that you were never served with your GEN discharge because you went UA on five more occasions for a total of 25 days. On 12 January 1988, you were convicted by summary court-martial (SCM) of the five specifications of unauthorized absence. In your CO’s recommendation he noted that you were never served your discharge due to continued misconduct. As a result of your continued misconduct, your CO “strongly” 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 administratively discharged from the naval service with an OTH characterization of service due to pattern of misconduct. On 21 March 1988, you were so discharged. The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge. However, 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 three NJP’s and a SCM conviction. The Board noted that you were given an opportunity to receive a better characterization of service, but failed to do so as evidenced by your continued misconduct. Accordingly, under the totality of the circumstances, the Board determined that there was 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.