Docket No: 2432-19 
Ref: Signature Date 


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 2 April 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 on 26 June 1985.  During the period from 28 April 1986 to 16 February 1989, you received three non-judicial punishments (NJPs), one for wrongful use of marijuana and two for absence from your appointed place of duty.  Subsequently, you were notified of pending administrative separation action by reason of misconduct due to a pattern of misconduct.  After waving your rights, your commanding officer (CO) recommended that you be discharged with an other than honorable (OTH) characterization of service by reason of misconduct due to a pattern of misconduct.  The separation authority approved this recommendation and directed your OTH discharge by reason of misconduct.  On 7 April 1989, you were so discharged. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your contentions that your discharge was unjust because you are an American citizen who served in the Navy, were not discharged dishonorably, and you have a right to health care from the Department of Veterans Affairs (VA) due to serving in the Navy. In regard to your contentions that your discharge was unjust because you are an American citizen who served in the Navy and were not discharged dishonorably, the Board considered that a Sailor’s service is characterized at the time of discharge based on performance during the current enlistment.  The Board noted that the record shows you were separated from the naval service with an OTH discharge as a result of receiving three NJPs during your enlistment.  Regarding your contention that you have a right to health care from the VA due to serving in the Navy, whether or not you are eligible for benefits is a matter under the cognizance of the VA.  You should contact the nearest office of the VA concerning your right to apply for benefits.  If you have been denied benefits, you should appeal that denial under procedures established by the VA. The Board discerned no probable material error or injustice in your discharge and concluded that the seriousness of your misconduct outweighed your desire to upgrade your 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. 

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