Docket No: 0367-19 
Date: Ref Signature 
 
 
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 January 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 24 June 1986.  You were counseled on 29 December 1987 and 16 May 1988 regarding your substandard physical readiness.  On 5 December 1988, you received non-judicial punishment (NJP) for drunk and disorderly.  On 15 August 1989, you were counseled, and you received NJP for being incapacitated for duty due to drunkenness.  On 26 October 1989, you received your third NJP for dereliction of duty, failure to obey an order, unlawful entry, and disorderly conduct.  On 2 November 1989, you were recommended for administrative separation.  On 10 November 1989, you elected to consult with counsel, as well as your other procedural rights.  On 8 December 1989, an administrative discharge board (ADB) convened and recommended that you be discharged with a general characterization of service by reason of misconduct-pattern of misconduct and misconduct-due to the commission of a serious offense.  On 22 December 1989, your commanding officer concurred with the findings of the ADB.  On 11 January 1990, the discharge authority approved and directed your discharge.  On 23 January 1990, you were discharged with a general characterization of service by reason of a misconduct-pattern of misconduct. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your contentions that you were told the characterization of your discharge would be automatically upgraded in three years and that you would like to increase your veterans’ preference to rejoin civil service.  Please note no discharge is automatically upgraded due to the passage of time.  With regard to your eligibility for civil service employment, there is no law or regulation that grants re-characterization solely to obtain veterans’ preference.  The Board determined these factors were not sufficient to warrant relief in your case given the overall seriousness of your pattern of misconduct in the Navy as determined by the ADB.  The Board, in its review, discerned no material error injustice in your 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.