Docket No: 3275-19 
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 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, together with all material submitted in support thereof, relevant portions of your naval record, applicable statutes, regulations, and policies. 

You enlisted in the Navy and began a period of active service on 30 October 1989.  On 21 June 1990, you received non-judicial punishment (NJP) for willfully disobeying an order from a superior commissioned officer.  On 25 June 1990, you were counseled regarding your misconduct.  On 4 July 1990, you received NJP for a false official statement and sleeping on your post.  On 9 August 1990, you received NJP for failure to go at the prescribed time to your appointed place of duty.  On 10 August 1990, you were notified of the initiation of administrative separation proceedings by reason of misconduct-pattern of misconduct.  On 14 August 1990, you waived your right to consult with counsel and your right to have a hearing before an administrative discharge board.  On 21 August 1990, your commanding officer recommended your discharge by reason of misconduct-pattern of misconduct.  On 30 August 1990, the discharge authority approved and directed your discharge with an other than honorable (OTH) characterization of service by reason of misconduct-pattern of misconduct. You were discharged on 11 September 1990. 

The Board carefully weighed all potentially mitigating factors, such as your desire to change your narrative reason for separation to hardship and your contentions that your father’s failing health was stressful and caused a deterioration in your sleep, school work, and duties, which ultimately led to your unfavorable separation from the Navy.  The Board noted your post-service accomplishments and community service along with your contentions but concluded that the severity of your repeated misconduct outweighed your current desire to change your narrative reason for separation. 


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.