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

Docket No: 2205-19 
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 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, 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 8 February 1985. On 19 September 1985, you received non-judicial punishment (NJP) for failure to obey a lawful order and drunk and disorderly conduct.  On 14 March 1986, you received your second NJP for absence from your appointed place of duty and willful disobedience of a lawful order.  On 23 May 1986, you received your third NJP for absence after the expiration of liberty and dereliction of duty.  Subsequently, you were notified of pending administrative action to separate you from the naval service.  You were advised of your rights, after consulting with counsel, you waived your rights to be represented by counsel and 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 your OTH discharge.  On 10 July 1986, 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 contentions that you had flat feet and could not perform certain tasks in the field or on the ship, you were young, immature, and an alcoholic.  There is no evidence in your record that you were an alcoholic or that you were not responsible for your conduct.  The Board concluded that your desire to upgrade your discharge and your contentions were insufficient to warrant relief in your case because of the seriousness of your repeated misconduct that resulted in three NJPs.  Further, you waived your right to an ADB, forfeiting 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 that warrant an upgrade in the characterization of your service. 
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,