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

Docket No:  1887-19               
Ref: Signature date 

This is in reference to your application of 14 January 2019 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 21 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, relevant portions of your naval record, and applicable statutes, regulations, and policies. 

Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their 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 and began a period of active duty on 29 August 1997.  On 22 September 1998, you received non-judicial punishment (NJP) for 14 specifications of failure to go to your appointed place of duty, missing movement and two specifications of disobeying a lawful order. On 9 March 1999, you received NJP for 3 specifications of failure to go.  On 23 June 1999, you received NJP for five specifications of failure to go.  On 6 July 1999, you received NJP for four specifications of failure to go.  Subsequently, administrative action to separate you from the naval service was initiated by reason of misconduct due to commission of a serious offense.  On 6 August 1999, your Commanding Officer (CO) notified you of your administrative separation proceedings.  That same day, you waived your right to consult with counsel and your right to present your case to an administrative board.  On 24 August 1999, your CO recommended that you be discharged with an other than honorable (OTH) characterization of service due to misconduct.  On 26 October 1999, you were so discharged. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge, and assertions you were falsely accused of being UA on more than one occasion. The Board also considered your assertions that you reported early from leave and were instructed by the senior enlisted in your division to take advantage of leave. The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct. 

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,

11/22/2019