Docket No: 2638-19 
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 7 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 4 August 1982.  On 28 July 1984, you were convicted by summary court-martial (SCM) of three specifications of unauthorized absence (UA) and missing ship’s movement.  On 22 April 1985, you received non-judicial punishment (NJP) for breach of peace.  On 20 February 1986, a SCM convicted you of UA totaling 29 days.  On 6 June 1986, you received NJP for two specifications of disobeying a lawful order.  Subsequently, you were notified of pending administrative separation action by reason of misconduct due to a pattern of misconduct/frequent involvement with military authorities.  After you waived 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/frequent involvement with military authorities.  The separation authority approved this recommendation and directed your OTH discharge by reason of misconduct.  On 15 August 1986, you were discharged. 

The Board carefully weighed all potentially mitigating factors, such as your character letters, certificates, and your desire to upgrade your discharge.  The Board also considered your contentions that you were young and did not grasp the impact your decisions would have on the rest of your life and that you retired from the  Department of Corrections after serving 27 years. In regard to your contention that you were young and did not grasp the impact of your decisions on your future, the Board noted that the evidence of record did not show that you were not responsible for your conduct or that you should not be held accountable for your actions.  

Regarding your contention that you retired from the Department of Corrections after serving 27 years, the Board commended your service but noted that your post service conduct does not excuse your conduct while enlisted in the Navy or the basis for your discharge. The Board concluded that the seriousness and frequency of your misconduct outweighed your desire to upgrade your discharge. Finally, the Board discerned no probable material error or injustice in your record that warrants an upgrade in the characterization of your service.  

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.