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

Docket No: 1822-19 
Ref: Signature date

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 9 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, relevant portions of your naval record, as well as applicable statutes, regulations, and policies.

You enlisted in the Navy and began a period of active duty on 23 September 1992. On 4 February 1993, you received nonjudicial punishment (NJP) for unauthorized absence (UA) of ten days. On 22 July 1993, you received a second NJP for UA. On 2 August 1993 you received an administrative counseling for your tardiness and continued unauthorized absences, wherein you were warned that additional misconduct may lead to administrative separation. On 7 October 1993, you received a third NJP for UA. Thereafter, administrative discharge action was initiated by reason of pattern of misconduct. After being afforded all of your procedural rights, you opted not to consult with counsel and elected to waive all your rights. Your commanding officer recommended that you receive an under other than honorable (OTH) discharge because of your flagrant disregard for rules and regulations and unwillingness to conform to military standards.  On 24 November 1993, you received an OTH discharge.

You requested the Board upgrade your discharge to honorable. You asserted you were told that six months after your discharge it would be changed to honorable, but that never happened, and you need that change made.  The Board carefully weighed all potentially mitigating factors, such as your record of service and contentions and concluded these factors were not sufficient to warrant a change to your discharge given your misconduct that resulted in three NJPs, one of which occurred after you had been warned about the potential for administrative separation. With respect to your contention that you were told your discharge would be changed to honorable six months after your discharge, there is no provision of law or in Navy regulations that allows for recharacterization of service due solely to the passage of time. The Board discerned no 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 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,