Docket No: 5193-19 
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 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, together with all material submitted in support thereof, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 
 
You enlisted in the Navy and began a period of active duty 6 November 1990.  You were counseled regarding your retention in the naval service despite defective enlistment induction due to your failure to disclose your civil conviction.  On 19 March 1991, you received non-judicial punishment (NJP) for an unauthorized absence (UA), and you were counseled regarding your misconduct.  On 29 August 1991, you received NJP for four specifications of UA, two specifications of failure to obey a lawful order, false official statement, and three specifications of misbehavior of a sentinel or lookout.  On 17 January 1992, you received NJP for two specifications of UA and assault.  On 4 February 1992, you were counseled regarding your misconduct.  On 22 June 1992, you received NJP for UA from your appointed place of duty.  On 25 June 1992, you were notified of the initiation of administrative separation proceedings by reason of misconduct-commission of a serious offense, at which point, you waived your right to counsel and review of you case by an administrative discharge board (ADB).  On 15 July 1992, the discharge authority approved and directed your discharge.  On 16 July 1992, you were discharged with an other than honorable (OTH) characterization of service by reason of misconduct-commission of a serious offense. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your contentions that your boot camp leaders abandoned the company, you were misled by the recruiting officer that the buddy system would allow you and your cousin to remain together until after A School, and you were threatened by the separating officer.  The Board also reviewed the materials that you submitted with your application, including the 11 character reference letters.  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. 
 
Sincerely, 


Executive Director