DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1311-19 Ref: Signature date 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. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their 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 on 5 November 1984. During the period from 19 August 1987 to 10 November 1987, you received two non-judicial punishments (NJP) for two specifications of failure to obey a lawful order, making a false official statement, two specifications of unauthorized absence (UA) totaling 10 days (terminated by apprehension), failure to go to your appointed place of duty, and failure to obey a lawful general regulation or order. 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) recommended that you be separated with an other than honorable (OTH) characterization of service by reason of misconduct due to commission of a serious offense and your pattern of misconduct. The discharge authority approved this recommendation and directed your discharge with an OTH characterization of service by reason of misconduct. On 14 April 1988, you were so discharged. The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your contention that your discharge should be changed because your CO and attorney failed to use witness for your hearing. The Board also considered your contentions that you were never gone or off base for your hearing and you never received representation to ask your witnesses to testify that you were in the brackets. You also contend that your social security number is wrong on your Certificate of Release or Discharge from Active Duty (DD 214), that you have never been arrested, have no criminal record, worked as a registered orthopedic technologist for 33 years, taught a College, and have been a productive citizen of the US since the age of 13. However, the Board concluded that the seriousness of your misconduct outweighed your desire to upgrade your discharge. In regard to your contentions that your discharge should be changed because your CO and attorney failed to use witness for your hearing, 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 consult with counsel, be represented by counsel, and 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 never gone or off base for your hearing and you never received representation to ask your witnesses to testify that you were in the barracks, 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 your social security number is wrong on your DD 214, the Board noted that you should contact the Department of the Navy, Navy Personnel Command (BUPERS), Sailor Assistance Center, Code Pers-312F, 5720 Integrity Drive, Millington, TN 38055-3120, to request that administrative corrections to your social security number be made on your DD Form 214. In regard to your contention that you have never been arrested, have no criminal record, worked as a registered orthopedic technologist for 33 years, taught a MCI College, and have been a productive citizen of the US since the age of 13, the Board noted that, while commendable, your post-service conduct does not excuse your conduct while enlisted in the Navy or the basis for your 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. Sincerely, 2/11/2020