DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 4266-19               
Ref: Signature date 

This is in reference to your application of 3 April 2019 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 25 November 2019.  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 duty on 23 June 2000.  On 6 June 2001 2001, you received non-judicial punishment (NJP) for two specifications of unauthorized absence.  On 21 February 2002, you received NJP for assault, disorderly conduct, and drunkenness.  On 23 May 2002, you received NJP for assault consummated by battery, disorderly conduct, and drunkenness.  On 2 July 2002, you received NJP for three specifications of failure to obey a lawful order, breaking restriction, and willful destruction of military property.  Subsequently, an administrative action was initiated to separate you from the naval service.  On 23 May 2002, you waived your right to consult with counsel and to present your case to an administrative discharge board (ADB).  On 27 May 2002, your Commanding Officer recommended that you be administratively separated from the Navy with an under other than honorable (OTH) characterization of service. On 4 June 2002, the separation authority approved your administrative discharge with an OTH characterization of service.  On 18 July 2002, you were so discharged. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and your assertions that you did not hit a woman with a glass mug and that a boatswain’s mate named               had testified that you were innocent.  The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct, which resulted in four NJPs.   

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, 


12/20/2019