Docket No: 5595-19 
Ref: Signature Date 
  
MR 
   
 
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 for Correction of Naval Records, sitting in executive session, considered your application on 20 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, and applicable statutes, regulations, and policies. 
 
Your record confirms that you enlisted in the Navy and began a period of active duty on 6 January 1986.  On 30 January 1987, nonjudicial punishment (NJP) was imposed on you for Provoking Words and Aggravated Assault.  On 25 July 1988, NJP was imposed on you for Disrespect to a Superior Petty Officer and Drunk and Disorderly.  On 22 February 1989, NJP was imposed on you for Wrongful Use of Marijuana and three Unauthorized Absences.  You were notified of administrative separation proceedings against you and, on 23 February 1989, waived counsel and your right to meet an administrative board.  On 28 February 1989, your Commanding Officer recommended administrative separation with an Under Other than Honorable Conditions (OTH) discharge.  On 
8 March 1989, the Separation Authority directed you be administratively separated with an OTH discharge.  You were discharged from the Navy on 17 March 1989, with an OTH discharge.   
 
You have requested an upgrade of your discharge characterization from OTH to Honorable.  You stated that it was unjust and that you were never told you could appeal your administrative separation.  You also stated that you were never counseled about how to continue.  The Board considered all of your assertions, including your assertion that you have been homeless.  However, the Board concluded these factors and assertions were not sufficient to warrant a change to your discharge characterization given your misconduct, which resulted in three NJPs.  The Board noted that you waived your rights with regard to discharge proceedings.  By doing so, you waived your first, and best, opportunity to advocate for retention, or a more favorable characterization of discharge. 
 
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 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,