Docket No: 4198-19 
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 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 26 May 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, portions of your naval record, and 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 9 January 1990.  During the period from 21 May 1992 to 5 August 1993, you received two non-judicial punishments (NJP) for three specifications of unauthorized absence (UA) totaling five hours, failure to obey a lawful order, and nine specifications of failure to pay just debts on March 1992, June 1992, and between January to August 1993.  During deployment in 1992, you wrote 20 worthless checks and received counseling concerning your financial responsibilities.  In February 1993, you were counseled on your severe indebtedness problem.  In April 1993, the state of  issued a civil warrant for your arrest due to failing to pay $5,000.00 in child support. 
 
Subsequently, you were notified of pending administrative separation action by reason of misconduct due to a pattern of misconduct.  After waiving your rights, your Commanding Officer (CO) recommended discharge under other than honorable (OTH) conditions 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 29 October 1993, you were discharged. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contentions that you got into trouble twice during your service in the Navy.  You contend that this is not a pattern of misconduct and you were never shown the letters of indebtedness or received counseling.  The Board also noted your contention that you were not able to take care of your responsibilities due to being deployed and living only on per diem.  In this regard, the Board concluded that seriousness of your misconduct outweighed your desire to upgrade your discharge. 
 
Regarding your contention that you got into trouble twice during your service in the Navy, which is not a pattern of misconduct, the Board noted that the record contains evidence which is contrary to your contention.  The record shows you received two NJPs, wrote 20 worthless checks during deployment, and were issued a civil warrant from the state of Georgia due to unpaid child support prior to discharge.  Regarding your contention that you were never shown the letters of indebtedness or received counseling, the Board noted that the record contains documented evidence which is contrary to your contention.  The record shows you received counseling on writing 20 worthless checks and your severe indebtedness problem.   
 
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,      
                                                                                
7/6/2020