Docket No: 1709-19 
Ref: Signature Line 

Dear  
 
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 you did not file your application 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 30 September 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, and applicable statutes, regulations, and policies. 
 
You enlisted in the Navy and began a period of active duty on 21 September 1992.  On 22 September 1992, you were counseled regarding defective enlistment due to failure to disclose your preservice drug involvement and warned that continued deficiencies in conduct and/or performance could result in administrative separation.  On 17 December 1993, you received nonjudicial punishment (NJP) for failure to obey an order.  On 2 March 1994, you received NJP for two instances of unauthorized absence (UA).  You were again given a retention warning.  On 28 June 1994, you received NJP for insubordination toward a petty officer.  Subsequently, administrative discharge action was initiated by reason of misconduct due to commission of a serious offense and misconduct due to pattern of misconduct.  After being afforded all of your procedural rights, you waived them, and your case was forwarded to the separation authority for review.   On 9 August 1994, you were counseled that you were not recommended for reenlistment and assigned a restrictive reentry code, and you were discharged with an other than honorable (OTH) characterization of service. 
 
You request the Board upgrade your discharge to honorable.  You assert that, on your first day aboard ship, you were assigned a rack that belonged to another Sailor who was ashore on liberty. When the other Sailor returned, the two of you had a physical altercation and your wrist was sprained.  While recuperating from the wrist sprain, you were stationed in  and overindulged in alcohol, which you claim was typical behavior for a young Sailor.  You state that, later in your career, you were late for muster, disciplined, and given restriction.  You attended Postal Clerk school aboard during the day and returned to a ship at night to sleep.  One night, you returned to the ship to gather some clothing and were told to remain onboard to help with a bilge issue.  You told the Officer of the Day (OOD) that, because you were in school, you were not technically assigned to the ship, and you left the ship.  Subsequently, you received NJP, and you claim you were given the choice to leave the ship or reenlist and go on deployment.  You opted to leave the ship, and you were sent to the brig to serve the rest of your enlistment and were then unexpectedly discharged.  In support of your petition, you attached character letters from your sisters and employer.  Lastly, you state you are unable to get Veteran’s benefits as a normal Veteran would.  The Board carefully weighed all potentially mitigating factors, such as your record of service, desire to upgrade your discharge, and post-service character, conduct, and accomplishments, as well as your contentions, but concluded that these factors were not sufficient to warrant a change to your discharge given your repeated misconduct, which resulted in three NJPs.  With respect to your contention that your administrative separation was unexpected, the Board noted that you received two retention warnings: the first before any of your NJPs, and another after your second NJP.  Additionally, you received written notification of your pending administrative separation and elected to waive all of your procedural rights.  The Board also noted that you provided no evidence to support your contentions.  Absent such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law and policy and in good faith.  The Board thus concluded that there is no probable material error or injustice in your record warranting corrective action. 
 
It is regretted that the circumstances of your case are such that favorable action cannot be taken at this time.  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.