Docket No: 4092-19 
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 that 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 11 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, relevant portions of your naval record, and applicable statutes, regulations, and policies. 

You enlisted in the Navy and began a period of active service on 4 September 1985.  You went on a period of unauthorized absence (UA) from 28 February 1987 until your surrender on 2 March 1987.  On 17 September 1987, you received non-judicial punishment (NJP) for larceny.  On the same day, you were counseled regarding your NJP.  On 22 April 1988, you were convicted at a summary court-martial (SCM) for UA, and missing ships movement.  On 29 November 1988, you received NJP for UA.  On 22 February 1989, you were notified of the initiation of administrative separation proceedings for misconduct-pattern of misconduct, and misconduct-commission of a serious offense, at which point, you waived your right to consult with counsel and your procedural rights.  On 8 March 1989, the discharge authority approved your discharge with an other than honorable (OTH) characterization of service by reason of misconduct-pattern of misconduct.  You were discharged on 3 April 1989. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contention you were discharged for three incidents in over three years of service.  After careful consideration 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.