DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 0555-19 Ref: Signature date Dear Mr. : 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 7 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 on 13 January 1987. During the period from 14 May 1987 to 15 June 1988, you received five non-judicial punishments (NJP) for unauthorized absence (UA) totaling eight days, failure to obey a lawful order, wrongful use of PCP, and 35 specifications of failure to go at the time prescribed to appointed place of duty. 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 that you be discharged with an other than honorable (OTH) characterization of service by reason of misconduct due to a pattern of misconduct. The discharge authority approved this recommendation and directed an OTH discharge. On 11 July 1988, you received an additional NJP for four days of UA. On 21 July 1988, you were discharged. The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, contentions that you were not allowed to contest your NJPs, you became an alcoholic and substance abuser due to the racism you experienced on the , and you have medical complications due to Post Tramatic Stress Disorder (PTSD) created by your military service. In this regard, the Board concluded that the seriousness of your misconduct outweighed your desire to upgrade your discharge. In regard to your contention that you were not allowed to contest your NJPs, the Board noted that the record shows that you were notified of and waived your right to present your case to an administrative board (ADB). In doing so, you gave up your first and best opportunity to advocate for retention or a more favorable characterization of service. In regard to your contentions that you became an alcoholic and substance abuser due to the racism you experienced on the and that you have medical complications due to PTSD created by your military service, the Board noted that there is no evidence in your record, and you submitted none, to support your contentions. 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,