Docket No: 3638-19 
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 28 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. 
 
You enlisted in the Navy and began a period of active service on 24 April 1989.  On 26 April 1989, you were briefed on the Navy’s policy regarding drug and alcohol abuse.  On 10 May 1989, you were identified as a drug user and notified that a second drug related incident would result in your immediate processing for administrative separation.  You went on a period of unauthorized absence (UA) from 6 September 1990 to 15 September 1990.  From 5 July 1991 to 9 July 1991, you again went on a period of UA.  On 23 July 1991, you received a civil conviction for robbery by force and failure to appear in court.  You went on a third period of UA from 27 July 1991 until your apprehension by civil authorities on 31 January 1992.  On 2 March 1992, you were notified of the initiation of administrative separation proceedings by reason of misconduct-civil conviction.  On 4 March 1992, you waived counsel and your procedural rights.  You went on a fourth period of UA from 18 March 1992 until your surrender to military authorities on 26 March 1992.  On 26 March 1992, you received non-judicial punishment (NJP) for a period of UA from 3 February 1992 to 6 February 1992.  On 2 April 1992, the discharge authority approved and directed your discharge with an other than honorable (OTH) characterization of service by reason of misconduct-civil conviction, and you were discharged on 13 April 1992. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contentions your service was not deemed dishonorable.  The Board noted you received a civil conviction during your enlistment.  Members of the armed services are subject to conviction by civil authorities and, if such action is taken, may be discharged.  The Board concluded that your discharge was appropriate based your misconduct. 
 
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, 
 
6/30/2020