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

Docket No: 371-19              
Ref: Signature Date 

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 17 December 2019.  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.
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 

You enlisted in the Navy on 28 March 1989. On 30 November 1990, you were convicted by summary court-martial (SCM) of seven specifications of absence from appointed place of duty, failure to obey a lawful order, disrespectful in language to a petty officer, and using provoking words.  During the period from 5 January 1991 to 23 May 1991, you received two non-judicial punishments (NJP) for one day of unauthorized absence (UA) and failure to go to your appointed place of duty.  Subsequently, you were notified of pending administrative separation action by reason of misconduct due to a pattern of misconduct. 

After waving your rights, your commanding officer (CO) recommended that you be discharged with an other than honorable (OTH) characterization of service by reason of misconduct due to a pattern of misconduct.  The discharge authority approved this recommendation and directed separation under other than honorable conditions by reason of misconduct.  On 17 June 1991, you were discharged. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your contentions. You contend that you received NJP for missing a mandatory inspection, you informed your supervisor that you were in a car accident and taken to and treated at a civilian Japanese hospital, but your supervisor told your CO that you were in your rack during the inspection.  The Board noted that there is no evidence in your record, and you submitted none, to support your contentions.  The Board concluded that the seriousness of your misconduct outweighed your desire to upgrade your discharge.  Additionally, the Board noted that the record shows that you were notified of and waived your right to present your case to an administrative board (ADB).  In doing so, you gave up your first and best opportunity to advocate for retention or a more favorable characterization of service.
 
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, 


1/16/2020