DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490
               
Docket No: 2567-19                
Date: Ref Signature 

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 Board, sitting in executive session, considered your application on 9 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, applicable statutes, and regulations and policies. 

Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 

You enlisted in the Navy and began a period of active service on 8 July 1985.  You were counseled on 21 December 1987 and 28 July 1988 regarding your misconduct and the administrative and disciplinary consequences of further misconduct.  On 24 January 1989, you received non-judicial punishment (NJP) for two specifications of unauthorized absence (UA), missing ships movement, and failure to obey a lawful order.  Consequently, you were counseled regarding your misconduct and you were notified further deficiencies may result in administrative separation.  On 18 May 1989, you were convicted at summary court-martial (SCM) for UA, missing ships movement, and breaking restriction.  On 21 July 1989, you received NJP for UA, and making a false official statement.  On 26 July 1989, you were notified of the initiation of administrative proceedings to separate you from the naval service by reason of misconduct-pattern of misconduct, at which point.  You were advised of, and waived, your procedural rights.  On 15 August 1989, your commanding officer recommended your discharge with an other than honorable (OTH) characterization of service, by reason of misconduct-pattern of misconduct.  On 8 September 1989, the discharge authority approved and directed your discharge with an other than honorable (OTH) characterization of service by reason of misconduct-pattern of misconduct.  You were so discharged on 22 September 1989. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your contention of marital problems.  A record of service that contains repeated offenses can only be characterized as under conditions other than honorable.  The Board concluded that the severity of your repeated misconduct outweighed your current desire to upgrade your discharge.  Accordingly, the Board in it review 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,
 
4/23/2020