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

Docket No: 2759-19 
Ref: Signature Date 

Dear :
 
This is in reference to your application of 26 February 2019 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 7 May 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, and applicable statutes, regulations, and policies.
 
You enlisted in the Navy and began a period of active duty on 28 January 1986.  During the period from 4 January 1988 to 16 August 1988, you received three non-judicial punishments (NJP) for three periods of unauthorized absence totaling four days.  On 31 August 1988, you received your fourth NJP for wrongful use of cocaine and absent without leave.  Subsequently, you were notified of an administrative action to separate you from the naval service.  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).  Prior to your Commanding Officer’s (CO) recommendation, on 9 September 1988, you received your fifth NJP for willfully disobeying a superior commissioned officer.  Your CO recommended that you be administratively discharged from the naval service with an other than honorable (OTH) characterization of service.  Prior to the discharge authority’s decision, you received your sixth NJP for wrongful use of amphetamine/methamphetamine.  The discharge authority approved the CO’s recommendation and directed that you be administratively discharge with an OTH characterization of service by reason of misconduct due to pattern of misconduct.  On 9 November 1988, you were so discharged. 

The Board carefully weighed all potentially mitigating factors in your case, including your submission of supporting documentation and your desire to upgrade your discharge.  The Board considered your contention that you suffered a kidney contusion while at “A” School in Millington, TN in 1988.  The Board concluded that these factors were insufficient to warrant relief in your case because of the seriousness of your repeated misconduct that resulted in six NJP’s, which included wrongful drug use on two occasions.  Under the totality of the circumstances, the Board 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,