Docket No: 4750-19 
Ref: Signature date 
 
MR   
     

 
Dear Mr. : 
 
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 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 for Correction of Naval Records, sitting in executive session, considered your application on 6 July 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 8 September 1983.  On 7 December 1983, you received a retention warning for Unsatisfactory Performance.  On 5 February 1985, you received nonjudicial punishment (NJP) for Conspiracy, Disrespect to Superior Commissioned Officer and Destroying Military Property.  On 11 July 1985, you received NJP for Attempted Larceny.  On 25 July 1985, you received NJP for Unauthorized Absence.  On 13 November 1985, you received a retention warning for Unsatisfactory Performance.  On 8 July 1986, you received NJP for Wrongful Appropriation and Unlawful Entry.  Subsequently, administrative discharge action was initiated by reason of Misconduct – Pattern of Misconduct.  On 8 July1986, you waived both counsel and your right to an administrative board.  On 10 July 1986, your Commanding Officer recommended that you be administratively separated with an Under Other than Honorable Conditions (OTH) discharge.  On 30 July 1986, the Separation Authority concurred with your CO’s recommendation and directed that you be separated with an OTH discharge.  You received an OTH discharge on 8 August 1986.  On 9 November 1990, the Naval Discharge Review Board denied an upgrade of your discharge.   
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, and assertions the discharge needs to be honorable.  However, 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.  The Board noted that you waived your procedural rights in connection with your administrative separation.  By doing so, you gave up your first, and best, opportunity to advocate for retention or a more favorable 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 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,