Docket No: 5489-19 
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 1 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 on 4 September 1990.  On 12 August 1993, you received non-judicial punishment (NJP) for altering an official document and disorderly conduct.  On 31 August 1993, civil authorities convicted you of possession of stolen property and reckless driving.  During the period from 22 November 1993 to 3 February 1994, you received two NJPs for two specifications of unauthorized absence (UA) totaling 101 days, missing ship’s movement, failure to obey a lawful order, and breaking restriction.  Subsequently, you were notified of pending administrative separation action by reason of misconduct due to a pattern of misconduct.  After waving your rights, your commanding officer (CO) recommended discharge under other than honorable (OTH) conditions by reason of misconduct due to a pattern of misconduct.  The discharge authority approved this recommendation and directed separation under other than honorable conditions by reason of misconduct.  On 11 April 1994, you were discharged. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contention that your superiors told you that you would be eligible for an upgrade after discharge from the Navy.  In this regard, the Board concluded that, based on the seriousness of your misconduct, you received the appropriate characterization of service.  The Board found no evidence of an error or injustice in your discharge.  
 
In regard to your contention that your superiors told you that you would be eligible for an upgrade after discharge from the Navy, the Board noted that there is no evidence in your record, and you submitted none, to support your contention.  The Board also noted that there is no provision in law or regulation that allows for an automatic upgrade in the characterization of a discharge solely due to the passage of time. 
 
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,