Docket No: 3277-19 
Ref: Signature Date 



This is in reference to your application of 25 March 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 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. 

You enlisted in the Navy and began a period of active duty on 1 October 1990.  On 18 September 1991, you received non-judicial punishment (NJP) for two specifications of unauthorized absence.  On 18 March 1992, you received your second NJP for an unauthorized absence totaling 26 days, missing ship’s movement, and wrongful use of marijuana.  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).  Your Commanding Officer (CO) recommended that you be administratively discharged from the naval service with an other than honorable (OTH) characterization of service.  The separation authority approved the CO’s recommendation and directed your administrative discharged with an OTH characterization of service.  On 1 May 1992, you were so discharged. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge. The Board considered your contention that your discharge is unjust because the other individual that committed the recorded infraction with you was not discharged with an OTH, but instead received restriction to the ship for 45 days and remained on active duty.  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 two NJP’s, which included wrongful drug use.  In regard to your contention that your discharge is unjust, there is no evidence in your record and you presented none to support your contention and every case is considered on its own facts.  Accordingly, 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.