Docket No: 3359-19 
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 26 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, as well as 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 its 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 7 May 1992. On 21 October 1992, you received nonjudicial punishment (NJP) for drunk and disorderly misconduct and wrongfully going on liberty without a liberty risk escort sheet.  On 1 July 1993, you received NJP for willful disobedience to a petty officer.  On 29 September 1993, you received NJP for a period of unauthorized absence (UA) from 2100 to 2330 on 1 September 1993. 

In your petition to the Board, you ask for an upgrade to your other than honorable discharge to a general characterization of service.  You contend that the other than honorable is inequitably harsh in light of the nature of the acts that led to your discharge and the quality of your service in the Navy.  You also assert that your post-service conduct weighs in favor of upgrading your discharge to a general.  You state that your actions were a direct result of your immaturity and were no one’s fault besides your own.  You state that you mishandled the freedom you were given and acted inappropriately and irresponsibly on several occasions.  You note the extent of the punishment to which you were subjected to while in the Navy and ask that your character, integrity, and commitment to your family and professional achievements be taken into consideration. 

The Board, in its review of your entire application, carefully weighed all potentially mitigating factors, including that you take responsibility for your actions.  The Board also considered your post-discharge accomplishments and efforts to better yourself, build a business, and provide for your family.  The Board reviewed your submissions in support of your request but found that the three NJPs reflected in your record support the other than honorable discharge characterization.  The Board accounted for your youth and immaturity at the time of your naval service but noted that you committed misconduct in an overseas environment and were disciplined by the command on three separate occasions.  Given the circumstances and frequency of the misconduct, the Board concluded that the other than honorable discharge does not merit corrective action. 

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.