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

Docket No:  5474-19               
Ref: Signature date 

This letter 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 6 January 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 on 20 February 1993.  On 8 May 1995, you received nonjudicial punishment (NJP) for disrespect to a Chief Petty Officer, failure to go to your appointed place of duty, failure to maintain uniform standards, and failure to maintain sufficient funds.  On 9 May 1996, you received NJP for failure to go, failure to obey a lawful order, and making a false official statement.  On 26 February 1997, you received NJP for eight specifications of unauthorized absence, and two specifications of making false official statements.  You reenlisted on or about 22 May 1997.  Your record indicates that you committed further misconduct, for which charges were preferred against you at special court-martial.  Subsequently, you requested administrative separation in lieu of trial (SILT) by special court-martial.  As part of this request, after consulting with legal counsel, you admitted your guilty to the underlying misconduct and agreed to accept an other than honorable (OTH) characterization of service. The convening authority approved your request for a SILT and, on 1 March 1999, the separation authority approved your request for separation.  On 1 April 1999, pursuant to your request, you were discharged with an OTH characterization of service. You petitioned the Naval Discharge Review Board (NDRB) to upgrade your characterization of service and, on 22 November 2013, the NDRB determined that your discharge was proper as issued and that no change was warranted. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, and assertions you had been in an accident that resulted in herniated discs and severe pain.  The Board also considered that you were prescribed opioids for the pain and became addicted to opioids.  The Board considered your assertion that you have been clean and sober for over 15 years and suffered abuse as a child.  The Board also noted that you requested to be separated from the naval service to avoid trial by court-martial.  However, the Board concluded that these factors and assertions were insufficient to warrant a change to your discharge given your misconduct and request for administrative separation in lieu of trial. 

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, 


3/17/2020