DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
             
Docket No: 1989-19                                   
Ref: Signature Date 

This letter 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 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 Boards, 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, as well as applicable statutes, regulations, and policies. 

You enlisted in the Navy and began a period of active duty on 5 June 1991.  Your service record reflects that on 26 June 1992, you completed Level-III alcohol abuse rehabilitation.  On 27 January 1993, you received non-judicial punishment (NJP) for an unauthorized absence. On 3 March 1993, you received your second NJP for a second unauthorized absence, as well as for missing your ship’s movement.  Subsequently, you were notified of pending administrative action to separate you from the naval service.  You were advised of, and waived, your procedural rights, including your right to consult with and be represented by military counsel, and your right to present your case to an administrative discharge board (ADB).  Your commanding officer (CO) recommended that you be administratively discharged from the naval service with an other than honorable (OTH) characterization of service. The discharge authority approved the CO’s recommendation and directed that you be administratively discharged with an OTH characterization of service. On 23 March 1993, you were so discharged. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge.  The Board considered your contention that you have changed dramatically; that you have matured and realized the stresses that used to run your life are now under control; that you have come to terms and have realized that you did not put forth your best effort while serving in the military; and that you are deeply sorry and regret not doing so.  You also state that you reflect on your younger days and strive to help other younger men not to fall victim to stressors and help them cope with whatever they need help with to better themselves as it continues to better yourself.  The Board considered your youth and the changes that you have made in your life after being discharged.  However, the Board concluded that these factors were insufficient to warrant relief in your case because of the seriousness of your repeated misconduct that resulted in two NJP’s.  Further, you waived your right to an ADB, and thereby forfeited your best opportunity to receive a better characterization of service.  Under the totality of the circumstances, the Board discerned no probable material error or injustice in the 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, 

4/10/2020