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

Docket No: 0266-19                                                         
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 23 September 2019.  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, 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 July 1989.  On 2 December 1989, you began a period of unauthorized absence (UA) that continued until you surrendered on 2 January 1990.  On 22 January 1990, you received nonjudicial punishment (NJP) for unauthorized absence (UA).  On 24 January 1990, you were counseled regarding your lack of effort, failure to adapt to naval environment, and disciplinary infractions.  You were warned that further deficiencies in performance and/or conduct could result in administrative separation.  On 29 August 1991, you received a second NJP for UA.  On 30 January 1992, you were counseled regarding harassment, provoking speech and gestures, and the potential for administrative separation.  On 14 April 1992, you received a third NJP for UA, failure to obey orders, and destruction of property.  On 11 June 1992, you received a fourth NJP for UA, destruction of property, and failure to obey orders.  On 15 June 1992, administrative discharge action was initiated by reason of pattern of misconduct.  After being afforded all of your procedural rights, you waived them, and your case was forwarded to the separation authority for review.  Your commanding officer recommended that you receive an under other than honorable (OTH) discharge and the separation authority approved your separation from the Navy.  On 14 August 1992, you received an OTH discharge. 

You requested the Board upgrade your discharge to honorable.  You asserted that at the time of enlistment you were 18 years old and had not yet experienced life.  You claimed that during your enlistment, you let fellow shipmates convince you into getting into trouble several times while on liberty.  Lastly, you expressed that you deeply regret your wrongdoing.  The Board carefully weighed all potentially mitigating factors, such as your record of service and contentions, but concluded these factors were not sufficient to warrant a change to your discharge given your misconduct that resulted in four NJPs, three of them after you had been warned about administrative separation.  With respect to your contention that fellow Sailors contributed to your misconduct, the Board noted that you provided no evidence to support your contentions.  Absent such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in good faith according to governing law and policy.  Lastly, there is no provision of law or in Navy regulations that allows for recharacterization of service due solely to the passage of time. 

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, 


10/21/2019