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

Docket No: 3381-19 
Ref: Signature Date 

Dear: 

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 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 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, 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 30 March 1987.  On 12 August 1987, you received nonjudical punishment (NJP) for assault consummated by battery and a period of unauthorized absence (UA) from your appointed place of duty.  On 22 October 1987, you received a second NJP for assault consummated by battery on a sentinel.  You were subsequently notified of administrative separation procedures against you and elected to appear before an administrative separation board.  Prior to the administrative separation board, on 23 November 1987, you began another period of UA.  The administrative separation board convened on 25 November 1987; although you were UA, your Counsel appeared on your behalf.  The administrative separation board determined that you committed misconduct and unanimously recommended that you be discharged with an other than honorable discharge characterization.  You returned from your period of UA on 19 January 1988.  You received NJP on 3 February 1988.  On 5 February 1988, you were discharged from the Navy on the basis of misconduct, and received an other than honorable characterization of service and a reentry (RE) code of RE-4. 

In your petition to the Board, you ask for an upgrade to your other than honorable discharge to an honorable characterization of service.  You did not provide a basis for your request or submit documents in support of the upgrade. 

The Board, reviewed your entire application, and carefully considered your request for an upgrade to your discharge characterization.  The Board found that your misconduct for assault as reflect by the two NJPs and the administrative separation board’s recommendation that you be discharged with an other than honorable characterization of service supports your discharge as issued.  The Board determined that you did not provide sufficient evidence to overcome the misconduct reflected in your record and to merit an upgrade to your other than honorable discharge.  The Board concluded that corrective action is not warranted. 

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,