Docket No: 3169-19 
Date: Ref Signature 


This is in reference to your application of 10 March 2119 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 14 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, relevant portions of your naval record, and applicable statutes, regulations, and policies. 

Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 

You enlisted in the Navy and began a period of active duty on 29 December 1986. You received a mark of 2.8 in military behavior for the period from 24 July 1987 to 31 January 1988.  During the aforementioned evaluating period, on 13 October 1987, you were counseled regarding your misconduct.  You received a mark of 2.6 in military behavior for the period of 1 February 1988 to 3 June 1988.  During the aforementioned evaluating period, on 11 February 1988, you were convicted at a summary court-martial (SCM) for use of disrespectful language to a non­commissioned officer, and violation of an order.  On 5 April 1988, you received non-judicial punishment (NJP) for failure to obey an order, and disrespect toward a petty officer.  On 3 June 1988, you were discharged with a general characterization of service by reason of physical disability existed prior to enlistment on active duty established by a physical evaluation board not entitled to severance pay. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and contention you were informed at the time of your discharge that you did not served enough days of active duty, and you should have received an honorable discharge.  Characterization of service refers to the quality of an individual’s military service.  A general characterization is awarded when significant negative aspects of the member’s conduct or performance outweigh positive aspects of their conduct or performance.  Your characterization encompasses a review of your entire record, weighing significant positive and negative aspects of your overall service record.  The Board in its review determined you were assigned the appropriate characterization of 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.