Docket No: 4217-19 
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, 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 9 January 1990.  On 5 December 1989, you signed the US Navy policy on drug and alcohol abuse.  On 13 December 1990, you received non-judicial punishment (NJP) for larceny.  On 3 January 1991, you received a retention warning for conduct prejudicial to good order and discipline.  On 3 August 1991, you received NJP for disorderly conduct and drunkenness.  On 24 September 1991, you received NJP for destruction of personal property and drunk and disorderly.  Subsequently, an administrative action to separate you from the naval service was initiated for misconduct - commission of a serious offense.  On 8 November 1991, you consulted counsel and requested an administrative board.  On 14 November 1991, an administrative board found a basis for your administrative separation and recommended that you be discharged with an Other than Honorable Conditions (OTH) characterization of service.  After being afforded all of your procedural rights, your case was forwarded to the separation authority for review.  On 23 December 1991, your Commanding Officer concurred with the administrative board and recommended that you receive an OTH discharge.  On 27 February 1992, the separation authority directed that you be separated with an OTH discharge.  You received an OTH discharge on 24 April 1992. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, and assertions that, upon discharge, you were told that you could have your discharge upgraded after a couple of years.  The Board also considered your assertion that you need an upgrade to your discharge in order to seek asbestos-rated lung cancer treatment with the Department of Veterans Affairs (VA).  The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct, which resulted in three NJPs.  Further, there is no provision of law or in Navy regulations that allows for re-characterization of service due solely to the passage of time.  Whether or not you are eligible for VA benefits is a matter under the cognizance of the Department of Veterans Affairs, and you should contact the nearest office of the VA concerning your right to apply for benefits. 
 
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