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

Docket No: 0370-19 
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 15 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 11 July 1986.  On 21 October 1986, you received non-judicial punishment (NJP) for wrongfully consuming alcoholic beverages while underage and drunk and disorderly conduct.  On 28 January 1987, you received your second NJP for two periods of being absent from your appointed place of duty.  On 2 September 1987, you were convicted by civilian authorities of five counts of statutory burglary and five counts of grand larceny.  On 2 December 1987, you received your third NJP for three specifications of unauthorized absence totaling 169 days, sleeping on your post, wrongfully consuming alcoholic beverages while underage, and drunk and disorderly conduct.  Subsequently, you were notified of pending administrative action to separate you from the naval service.  You were advised of and waived your procedural rights, including your right to consult with and be represented by military counsel, and your right 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 discharge authority approved the CO’s recommendation and directed that you be separated from the naval service with an OTH characterization of service.  On 17 March 1988, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors in your case, the documentation you submitted, and your desire to upgrade your discharge.  The Board considered your contentions that you were a -year-old kid who made mistakes, but you are now , have led a successful life, and raised three kids; that you are a successful resident in your hometown; and that you believe that you have paid for your mistakes.  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 a civilian conviction.  You also waived your right to an ADB, and thereby forfeited your best opportunity to receive a better characterization of service.  Under the totality of the circumstances, the Board discerned no probable material error or 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. 
 
Sincerely,