Docket No: 0194-19 
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 18 December 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, applicable statutes, and regulations and policies. 
 
You enlisted in the Navy and began a period of active service on 2 July 1991.  You were counseled on 24 May 1993 and 7 July 1993, regarding your misconduct.  On 30 July 1993, you received non-judicial punishment (NJP) for four specifications of failure to obey a lawful order, four specifications of dishonorably failing to pay debt, and four specifications of uttering worthless checks.  On 27 August 1993, you were notified of the initiation of administrative separation proceedings, at which point, you waived your right to consult with counsel and your procedural rights.  On 30 August 1993, your commanding officer recommended that you be discharged with an other than honorable characterization of service by reason of misconduct-pattern of misconduct.  On 13 September 1993, the discharge authority approved and directed your OTH discharge by reason of misconduct-pattern of misconduct.  You were discharged on 23 September 1993. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your contentions that you would like a veteran’s card; want to be acknowledged as a veteran; were tricked into marriage, which damaged your career; and you want to make a home for your two grandsons in your care.  The Board noted there is no evidence in the record, and you submitted none, to support your contentions.  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 error or injustice in the discharge.  Finally, there is no requirement or law that grants recharacterization solely on the issue of obtaining veterans benefits. 
 
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.