Docket No: 5142-19 
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 8 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, relevant portions of your naval record, applicable statutes, regulations, and policies. 
 
You enlisted in the Navy and began a period of active service on 21 September 1988.  On 9 March 1989, you received non-judicial punishment (NJP) for two specifications of failure to obey a lawful written order, possession of a controlled substance, and possession of a deadly weapon.  On 10 March 1989, you were counseled regarding your misconduct.  On 13 April 1989, you received NJP for unauthorized absence (UA), and assault.  On 27 June 1989, you received NJP for failure to go to appointed place of duty.  On 11 July 1989, you were notified of an administrative action to separate you from the naval service for misconduct-pattern of misconduct.  On 25 July 1989, you elected your right to consult with counsel, and to have your case presented to an administrative discharge board.  On 6 September 1989, an administrative discharge board convened and recommended your discharge from the naval service with an other than honorable (OTH) characterization of service for misconduct-pattern of misconduct.  On 13 October 1989, your commanding officer recommended your discharge for misconduct-pattern of misconduct.  On 31 October 1989, the discharge authority approved and directed your discharge with an other than honorable (OTH) characterization of service by reason of misconduct-pattern of misconduct.  You were so discharged on 13 November 1989. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge.  You state, your records were inexact when being drafted and presented to you.  After careful consideration of your contentions, the Board did not find evidence of an error or injustice that warrants upgrading your 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 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.