Docket No. 3535-19 
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 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 8 July 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. 
 
You enlisted in the Navy and began a period of active duty on 7 July 1980.  You subsequently completed this enlistment with an Honorable characterization of service on 14 June 1984 and reenlisted on 15 June 1984.  During the period from 27 July 1984 to 7 June 1985, you received three non-judicial punishments (NJP) for three specifications of unauthorized absence, wrongful possession of a dangerous weapon, failure to obey a lawful order, operation of a motor vehicle while under the influence, attempted assault, and wrongful communication of a threat.  On or about May 1986 you were convicted by civilian authorities of drinking intoxicants in public.  Again, on 9 June 1987, you were convicted by civilian authorities of rendering worthless checks.  Subsequently, you were notified of pending administrative action to separate you from the naval service because of misconduct due to a pattern of misconduct.  You were advised of, and waived, your procedural rights, including your rights to consult with and be represented by military counsel and 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 OTH discharge by reason of misconduct due to a pattern of misconduct.  On 10 August 1987, 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 contentions that your “BCD” has been unsettled for over 30 years, you served for at least eight years, and you should have at least a general discharge if not honorable since you did not fail.  You also assert that there was a lack of witnesses, there was no trial, no findings, no day in court or court-martial, and your discharge was the result of someone putting you down after eight years of service.  After careful consideration, the Board concluded that these factors were insufficient to warrant relief in your case because of the seriousness of your misconduct that resulted in three NJPs and two civilian convictions.  In view of the forgoing, the Board discerned no material error or injustice in the discharge action that would warrant a change in your characterization of service. 
 
Regarding your contentions that there was no trial, a lack of witnesses, and you did not get your day in court, your service record reflects that you waived your right to a hearing before an administrative discharge board, thereby forfeiting your first and best opportunity to receive a more favorable characterization of service.  In regard to your contention that your “BCD has been unsettled for over 30 years,” the Board noted that your Certificate of Release from Active Duty (DD Form 214) reflects your characterization of service as other than honorable.  There is no evidence in the record that you received a BCD. 
 
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, 

8/24/2020


Executive Director