Docket No: 2569-19 
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. 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel would not materially add to its 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. 

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, as well as applicable statutes, regulations, and policies. 

You enlisted in the Navy and began a period of active duty on 25 June 1986.  You were counseled on 21 December 1987 regarding you misconduct, and you were notified further deficiencies may result in the initiation of administrative separation processing.  On 10 May 1988, you were convicted at a special court-martial (SPCM) for resisting apprehension, willfully damaging government property, damaging non-government property, assault, and unlawful entry with intent to commit an offense.  As a result of the foregoing, on 13 June 1988, you were notified of the initiation of administrative processing to separate you from the naval service by reason of misconduct due to your commission of a serious offense.  You were advised of, and waived, your procedural rights.  On 30 June 1988, your commanding officer recommended your discharge with an other than honorable (OTH) characterization of service by reason of misconduct-commission of a serious offense.  On 27 July 1988, the discharge authority approved and directed your discharge.  On 2 August 1988, you so were discharged. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, your contention of regret for your actions, and that you are now a productive member of society.  The Board commends your post-service conduct.  Notwithstanding, the Board concluded that the severity of your 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.