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

Docket No: 2630-19 
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 Board, sitting in executive session, considered your application on 23 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 11 July 1989. On 2 August 1991, you received non-judicial punishment (NJP) for failure to obey a lawful order and incapacitated for the proper performance of your duties.  On 20 August 1991, you received your second NJP for larceny.  Subsequently, you were notified of pending administrative action to separate you from the naval service because of misconduct due to commission of a serious offense.  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 from the naval service with an OTH characterization of service by reason of misconduct due to commission of a serious offense.  On 25 September 1991, 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 contention that you were a good member of the Navy prior to your discharge.  You made a terrible mistake and believe that your mistake was a one-time issue.  While you were in the Navy, you received the Sea Service Deployment Ribbon, SSBN Deterrent Patrol Breast Insignia w/1 gold star and National Defense Service Medal.  Additionally, you have grown since your incident in the Navy. 

The Board concluded these factors were insufficient to warrant relief in your case because of the seriousness of your misconduct, which resulted in two NJPs.  Regarding your contention that your mistake was a “one-time issue,” there is no precedent within this Board’s review, for minimizing a “one-time issue.”  As with each case before the Board, the seriousness of a single act must be judged on its own merit; it can neither be excused nor extenuated solely on its isolation.  Therefore, the Board, in its review, discerned no probable material error or injustice in 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. 

Sincerely,