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


Docket No: 2335-19
Ref: Signature Date 



This is in reference to your application of 24 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 Boards, sitting in executive session, considered your application on 25 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, and applicable statutes, regulations, and policies. 

You enlisted in the Navy and began a period of active duty on 21 February 1984.  On 29 March 1988, you received non-judicial punishment (NJP) for an unauthorized absence totaling 20 days.  On 7 October 1988, you received your second NJP for absence from your appointed place of duty.  On 15 December 1988, you were convicted by summary court-martial (SCM) of an unauthorized absence totaling seven days.  Subsequently, you were notified of an 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 1 February 1989, you were so discharged. Character of service is often based, in part, on the overall trait average (OTA), computed from marks assigned on a periodic basis.  Your OTA was 2.6, which was below the OTA of 3.0 required at the time of your separation for a fully honorable characterization of service. 

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 maintained an honorable service record until the last two years of your service.  You further contend that you met with your supervisor and explained that you were experiencing traumatic personal family matters and you requested emergency leave on each occasion.  Your family situation continued to escalate and in your mental state, you believed that it warranted your absence without leave. 

The Board sympathized with your circumstances, however, 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, a SCM conviction and your OTA.  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.