Docket No: 4216-19 
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 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, together with all material submitted in support thereof, relevant portions of your naval record, and applicable statutes, regulations, and policies. 

You enlisted in the Navy and began a period of active duty on 6 January 1988. On 20 June 1991, you received non-judicial punishment (NJP) for failure to obey a lawful order by having a pistol and ammunition in your wall locker, and wrongfully and willfully discharging a weapon.  On 23 July 1991, you were convicted at a Special Court-Martial of disobeying a lawful order, three specifications of disrespectful in language toward an NCO, and assault.  Subsequently, an administrative action to separate you from the naval service was initiated for a pattern of misconduct.  On 24 September 1991, you waived your right to consult with counsel and your right to present your case to an administrative board.  After being afforded all of your procedural rights, your case was forwarded to the separation authority for review.  Your Commanding Officer (CO) recommended that you receive an Under Other than Honorable (OTH) characterization of service.  On 7 October 1991, the separation authority concurred with your CO’s recommendation and directed that you be separated with an OTH.  On 18 October 1991, you were so discharged. 


The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, and assertions that the Secretary of the Navy (SECNAV) gave you the ultimate decision to either stay in or be discharged without prejudice.  The Board also considered your assertions that the reason for discharge, a pattern of misconduct, was not true and your possession of a weapon on base was not illegal.  Finally, the Board considered your assertion that your CO had a letter from your Congressman and SECNAV that you wanted to be discharged and they gave you an OTH because they were upset.  The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct, which resulted in one NJP and a Special Court-Martial conviction.  

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.