Docket No: 5606-19 
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, applicable statutes, regulations, and policies. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel would not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the Navy and began a period of active service on 2 July 1986.  On 30 April 1987, you received non-judicial punishment (NJP) for unauthorized absence (UA).  On 5 May 1987, you were counseled regarding your misconduct.  From the period beginning on 22 October 1987 to 4 March 1988, you received NJP on six occasions for the following offenses: three specifications of disobeying a lawful order, three specifications of failure to go to your appointed place of duty, wrongfully introducing a weapon on board a naval vessel, and three specifications of failure to obey al lawful order.  As a result of the foregoing, 7 March 1988, you were notified of the initiation of administrative separation proceedings by reason of misconduct-pattern of misconduct.  On the same day, you waived your right to consult with counsel and your right to have a hearing before an administrative discharge board (ADB).  On 16 March 1988, the discharge authority approved and directed your discharge with an other than honorable (OTH) characterization of service by reason of misconduct-pattern of misconduct.  You were discharged on 25 March 1988. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contention of harsh punishment of discharge for your misconduct.  You contend you were transferred to become a signalman because of episodes related to attention deficit hyperactivity disorder.  Additionally, you contend, you experienced harassment from your commanding officer.  The Board noted that you did not provided evidence, and the record does not contain evidence to support your contentions.  The Board concluded that the severity of your repeated misconduct outweighed your current desire to change your narrative reason for separation. 
 
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,