DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1524-19 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 March 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, and applicable statutes, regulations, and policies. You enlisted in the Navy and began a period of active duty on 7 May 1985. On 10 April 1987, you were convicted by special court-martial (SPCM) of an unauthorized absence for the period from 23 December 1986 to 20 February 1987 and wrongful use of cocaine. As punishment, you were awarded confinement, forfeiture of pay, and reduction in rank. Subsequently, you were notified of pending administrative action to separate you from the naval service because of misconduct due to commission of a serious offense. You were advised of, and waived, your procedural rights, including your right to consult with and be represented by military counsel, and your right to present your case to an administrative discharge board (ADB). Your commanding officer (CO) recommended that you be administratively discharged from the naval service with an other than honorable (OTH) characterization of service. The Chief of Naval Personnel opined that you should be administratively discharged from the naval service with an OTH character of service by reason of misconduct due to commission of a serious offense. The discharge authority directed that you be administratively discharged from the naval service with an OTH characterization of service by reason of misconduct due to commission of a serious offense. On 16 November 1987, you were so discharged. The Board carefully weighed all potentially mitigating factors in your case, including your desire to change your narrative reason for separation. The Board considered your contentions that you were not separated for a serious offense, that your new command was not properly explained to you, and that you felt misled and not sent to a new command in a proper timely manner. You further contend that you do not remember how your release was executed and you do not remember signing your Certificate of Release or Discharge from Active Duty (DD Form 214). The Board concluded, however, that these factors were insufficient to warrant relief in your case because of the seriousness of your misconduct, which resulted in a SPCM conviction. Regarding your contention that you were not separated for a serious offense, the Board noted that, pursuant to naval regulation, a Sailor may be processed for separation if the military or civilian offense warrants separation and a punitive discharge would be authorized for the same or a closely related offense under the Uniform Code of Military Justice. The Board noted that you were convicted of offenses that warrant separation and a punitive discharge. Therefore, the Board discerned no probable material error or injustice in 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 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, 3/24/2020