DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1395-19 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 28 October 2019. 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 would 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 Reserve and began a period of active duty on 8 August 1988. On 12 January 1988, you signed a statement of understanding acknowledging your participation obligation in the Navy Reserve. On 15 December 1988, you were honorably discharged from active duty service and transferred to the naval reserve. You had unexcused absences from Inactive Duty for Training (IDT) weekend drills from April 1989 to December 1989 (48 drills). On 20 May 1989, your recommendation for advancement to YNSN was withdrawn due to your failure to maintain satisfactory drill participation. On 21 May 1990, you were convicted by a court of four felonies and sentenced to 18 months incarceration. Subsequently, administrative discharge action was initiated to separate you from the naval service by reason of your unsatisfactory participation and civil convictions. On 29 May 1991, your commanding officer (CO) served notice to you of administrative discharge. On 2 June 1991, you consulted with counsel, objected to the separation, and requested to submit matters on your behalf prior to separation. However, you submitted no written matters on your own behalf. On 11 June 1991, your CO recommended administrative separation to the separation authority with an other than honorable (OTH) characterization of service. On 25 July 1991, your CO again served a new notification to you of administrative discharge proceedings with additional bases of unsatisfactory participation. Your election of rights was sent to you by certified mail, but was returned unsigned, thereby waiving your procedural rights. On 18 October 1991, the separation authority approved your CO’s recommendation and directed that you be immediately discharged with an OTH characterization of service, in absentia, due to your ongoing civil incarceration. On 18 October 1991, you were so discharged. The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and your assertions that come from a military family, feel you let them down and feel it is time to take the “tarnish” off your military name. The Board also considered your assertions that you were in the middle of a background check when you were denied a job due to your discharge status. However, the Board concluded that these factors and assertions were insufficient to warrant a change to your discharge, given your misconduct, which resulted in nine months of unexcused absences and your civilian felony convictions. The Board also noted that you waived your procedural rights in connection with your administrative separation. By doing so, you gave up your first, and best, opportunity to advocate for retention or a more favorable characterization of service. 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, 11/29/2019