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

Docket No: 2853-19   
Date: Ref Signature 

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 15 October 1980.  On 15 September 1986, you were convicted at a special court-martial (SPCM) for unauthorized absence (UA), missing ships movement, and wrongful use of amphetamines/methamphetamines.  As a result of the foregoing, on 7 October 1986, you were notified of the initiation of administrative separation processing by reason of misconduct-commission of a serious offense, at which point, you waived your right to consult with and be represented by counsel and your right to a hearing before an administrative discharge board.  On 17 November 1986, the discharge authority approved and directed your discharge.  On 24 November 1986, you were discharged with an other than honorable (OTH) characterization of service by reason of misconduct-commission of a serious offense.
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contention of your period of exemplary service prior to your misconduct.  You contend that your OTH characterization of service was assigned by a review board.  

Additionally, you contend that you were informed by pleading guilty you would receive a general characterization of service.  The Board noted you did not provide evidence, and you record did not contain evidence to support your contentions.  With regard to your contention of exemplary service, despite a service member’s prior record of service, certain serious offenses, even though isolated, warrant separation from the Navy to maintain good order and discipline. The Board noted you were sufficiently notified of the initiation of administrative separation processing and the possibility of being assigned an OTH characterization of service. The Board concluded that the severity of your misconduct outweighed your current desire to upgrade your discharge.  The Board, in its 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. 

Sincerely, 


5/6/2020