Docket No: 5521-19 
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 15 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 on 14 April 1987.  On 6 May 1992, you received non-judicial punishment (NJP) for drunken reckless driving.  On 11 May 1992 and 14 May 1992, you were convicted by civilian authorities of public intoxication.  On 30 September 1992, you received your second NJP for drunken reckless driving.  Subsequently, on 23 November 1992, you were notified of pending administrative action to separate you from the naval service because of misconduct due to the commission of a serious offense and a pattern of misconduct.  You were advised of and elected your procedural right to consult with and be represented by military counsel and to present your case to an administrative discharge board (ADB).  On 3 December 1992, an ADB was convened and found that you committed misconduct and recommended administrative discharge from the naval service with a general (under honorable conditions) characterization of service.  Your commanding officer (CO) concurred with the ADB’s recommendation.  The separation authority approved the recommendation and directed that you be separated from the naval service with a general (under honorable conditions) characterization of service by reason of misconduct due to a pattern of misconduct.  On 5 February 1993, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire upgrade your discharge.  The Board considered your contention that your pattern of misconduct never happened.  You were never told the reason for your discharge until you were notified of your benefits denial.  You further contend that three DUI’s were entered into your service record with malicious intent.  After careful consideration, the Board concluded that these factors were insufficient to warrant relief in your case because of the seriousness of your repeated misconduct that resulted in two civilian convictions and two NJPs.  In view of the forgoing, the Board discerned no material error or injustice in the discharge action that would warrant a change in your characterization of service. 
 
In regard to your contention concerning your narrative reason for separation, a pattern of misconduct is two or more NJPs, courts-martial, civilian convictions, or a combination thereof. 
Your record reflects multiple occasions of misconduct, and, in accordance with navy regulations, you were processed for administrative separation due to a pattern of misconduct.  In regard to your contention that you were never told your reason for discharge, the Board noted that the record contains documented evidence which is contrary to your contention.  You were notified of your reason for separation and elected to present your case before an ADB. 
 
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, 

9/7/2020


Executive Director