DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 0402-19 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 9 March 1987. On 25 February 1988, you received non-judicial punishment for assault and drunk and disorderly conduct. On 31 October 1988, you were convicted by civilian authorities of battery. On 3 October 1990, you were issued administrative remarks informing you that your entitlement to special duty assignment pay based on your was stopped as of 5 August 1990, because your NEC 5326 was withdrawn from you due to misconduct. On 24 April 1992, you were convicted by special court-martial of failure to obey a lawful order and two specifications of assault on a commissioned officer. As punishment, you were awarded confinement, forfeiture of pay and reduction in rank to E-1. Subsequently, you were notified of pending administrative action to separate you from the naval service because of misconduct due to commission of a serious offense and civilian conviction. You were advised of, and elected your procedural rights, to consult with and be represented by military counsel, and your right to present your case to an administrative discharge board (ADB). The ADB recommended administrative discharge with a general (under honorable conditions) character of service. The commanding officer concurred with the ADBs recommendation. The discharge authority directed that you be separated from the naval service with a general (under honorable conditions) characterization of service by reason of misconduct due to civilian conviction. On 8 October 1992, you were so discharged. The Board carefully weighed all potentially mitigating factors in your case, such as changing your narrative reason for separation, adding the designation to item 11 of your Certificate of Release or Discharge from Active Duty (DD Form 214) and adding receipt of Navy Expert Pistol and Navy Expert Rifle to item 13 of the DD Form 214. The Board considered your contention that since 1992 you have held several employment opportunities, including local government with water utilities only to be “terminated” because of the DD Form 214. Furthermore, you are seeking to work for your county of residence in and your application is continually denied as a result of a conviction that occurred well over 28 years ago for a bar fight while exercising your constitutional right to self-defense. You humbly request these corrections in order to work in local government and/or overseas for contract work. It has negatively impacted your life while experiencing homelessness and periods of unemployment. The Board concluded that these factors were insufficient to warrant relief in the form of changing your narrative reason for separation. The Board determined that your narrative reason for separation was administratively and properly assigned in accordance with regulatory guidelines. In regard to your request for the be added to your DD Form 214, the Board noted that it was withdrawn from you due to misconduct. In regard to your request for the Navy Expert Pistol and Navy Expert Rifle be added to your DD Form 214, there is no evidence in the record and you did not provide any evidence to support that you received these two items. Under the totality of the circumstances, the Board discerned no probable material error or injustice. 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,