DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 1815-19
 Date: Ref Signature 

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 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 11 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, applicable statutes, and regulations and policies.
 
You enlisted in the Navy and began a period of active service on 8 June 1982. On 30 September 1983, you received non-judicial punishment (NJP) for dereliction of duty and counseled regarding your misconduct.  On 18 November 1983, you received NJP for sleeping on watch.  On 19 April 1984, you received NJP for theft.  On 2 August 1984, you received NJP for three specifications of unauthorized absence (UA) from your appointed lace of duty, UA from your unit, and two specifications of larceny.  On 13 August 1984, you were notified of the initiation of administrative separation proceedings by reason of misconduct-pattern of misconduct and misconduct-commission of a serious offense.  On 16 August 1984, you received NJP for two specifications of UA from your appointed place of duty.  On 24 August 1984, you elected counsel.  On 8 September 1984, the discharge authority approved and directed your discharge with an other than honorable (OTH) characterization of service by reason of misconduct-pattern of misconduct.  You were discharged on 13 September 1984.
 
The Board carefully weighed all potentially mitigating factors, including your desire to upgrade your discharge.  You contend that you were young at the time of your discharge, you did not understand the consequences of your actions, and you are sorry and regret what transpired.  Additionally, you contend that since your discharge, you have attempted to live an honorable life, you have raised a family, have maintained employment, have been a law abiding citizen, volunteer with your church, vote, and are still proud of your military service The Board commends your post-service conduct.  Notwithstanding, the Board concluded that the severity of your repeated misconduct outweighed your current desire to upgrade your discharge.  The Board, in it review, discerned no probable material error or injustice that warrants upgrading the character of your 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,