Docket No: 3884-19 
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 25 June 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 reenlisted in the Navy and began a period of active service on 9 July 1992.  On 4 August 1993, you received non-judicial punishment (NJP) for larceny.  On 3 December 1993, you received your second NJP for larceny.  On 30 December 1993, you were notified of the initiation of administrative separation proceedings by reason of misconduct-commission of a serious offense.  On 11 January 1994, you elected to consult with and be represented by counsel and to present your case before an administrative discharge board.  On 4 March 1994, an administrative discharge board (ADB) convened and determined you committed misconduct by reason of commission of a serious offense.  The ADB recommended your retention in the naval service.  On 14 April 1994, your commanding officer recommended your discharge from the naval service with an other than honorable (OTH) characterization of service by reason of misconduct-commission of a serious offense.  On 19 September 1994, the discharge authority, the Assistant Secretary of the Navy (Manpower and Reserve Affairs) concurred with the recommendation of your commanding officer.  Subsequently, on 14 October 1994, you were discharged with an other than honorable (OTH) characterization of service by reason of misconduct. 
 
The Board carefully weighed all potentially mitigating factors, such your desire to upgrade your discharge and contention of family problems, alcohol addiction, and financial difficulties.  The Board also considered your assertion that you did not receive the assistance you sought from your command.  The Board considered your contentions but concluded that the severity of your misconduct outweighed your current desire to upgrade your discharge.  After careful consideration of your contentions, the Board did not find evidence of an error or injustice that warrants upgrading your 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,