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

Docket No: 2115-19 
Ref: Signature Date 
 

Dear : 
 
This is in reference to your application 4 February 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 Boards, sitting in executive session, considered your application on  18 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, relevant portions of your naval record, and applicable statutes, regulations, and policies. 
 
You enlisted in the Navy and began a period of active duty on 17 April 1989.  During the period from 13 January 1990 to 3 August 1991, you received four non-judicial punishments (NJP) for two periods of unauthorized absence totaling four days, willful disobedience of a superior commissioned officer, absence without leave, breaking restriction, and failure to obey a lawful written order.  On 29 January 1993, you were convicted by general court-martial (GCM) of commission of an assault upon persons by pointing a dangerous weapon at them and violation of a lawful regulation.  As punishment, you were awarded confinement, forfeiture of pay and reduction in rank.  Subsequently, you were notified of an administrative action to separate you from the naval service.  After consulting with legal counsel, you elected to present your case to an administrative discharge board (ADB).  An ADB was convened and found that you committed misconduct and recommended administrative discharge from the naval service with an other than honorable (OTH) characterization of service.  Your commanding officer (CO) concurred with the ADB’s recommendation.  The separation authority approved the recommendation and directed that you be separated from the naval service with an OTH characterization of service.  On 7 May 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 concluded that these factors were insufficient to warrant relief in your case because of the seriousness of your repeated misconduct that resulted in four NJP’s and a GCM conviction.  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.